free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)of less value than the property which was saved by eliminatingdanger. Therefore, the existence of proportion between propertywhich is endangered by occurred danger and property which isviolated during elimination of such danger, is very important forthe existence of extreme necessity.3.3. Violation of extreme necessityIf a perpetrator, during eliminating danger for his own orsomeone else’s legal property, oversteps the limit of extremenecessity which was set under condition that caused harm is notgreater than threatening harm, there is violation or excess ofextreme necessity. Therefore, violation of extreme necessity existswhen a person eliminates danger from a legal property andduring that action violates someone’s property which is of highervalue or greater significance than the property being protected.An act committed in violation of extreme necessity is a criminalact and a person who committed it is responsible according togeneral principles of criminal law. Most often violation of extremenecessity happens in situations when a person who eliminatesdanger is not in a position to estimate values of both legalproperties and the level of excusable action when eliminatingdanger and causing harm to one’s legal property 41 .But, not only is in practice very difficult do determine whether acriminal act is punishable, whether it was committed out ofextreme necessity and whether extreme necessity is violated, butthe criminal-legal theory has no definite attitude about where thelimits of extreme necessity are. Some authors say that violation ofextreme necessity cannot represent the basis which has influenceon mitigation or exemption of sentence. Namely, an actcommitted out of extreme necessity, is committed towards41Lj. Nešić, Krivično pravo, Opšti deo, Zemunska štampa, Beograd, 1991. p.99-10055BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA