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

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)properties of innocent, disinterested people, and not against theproperty of the attacker. This is the case of collision of two laws,so in this case, a perpetrator of such act should not be in favourwhen being punished, if such act was committed in violation ofextreme necessity.Other theories say that violation of extreme necessity is especiallysignificant in situations when a perpetrator is under psychicalpressure due to danger for his protected property. In suchpsychical condition a perpetrator undertakes the action ofeliminating danger, so in case of overstepping the limits ofextreme necessity, the sentence for a perpetrator can bemitigated. In fact, the problem of overstepping the limit ofextreme necessity is about the question whether caused harm isgreater than threatening harm and whether eliminating dangercould have been done by less harm of one’s legal property thanthe harm which was really done. Therefore, an act committed inviolation of extreme necessity is a criminal act for which theperpetrator is responsible, but, facultatively, there is a possibilityof mitigating sentence.But, there are cases where violation of extreme necessity resultsfrom specific psychical condition of the perpetrator which wascaused by occurred danger. This psychical condition can be ofsuch intensity that it causes the condition of temporary mentalderangement. Such derangement can be of such intensity that itcan exempt criminal responsibility to some extent.When violation of extreme necessity happened under specialextenuating circumstances, court is authorised to mitigate thesentence or to exempt the perpetrator from sentence. Whetherconditions for the existence of extreme necessity are fulfilled,whether there is violation of extreme necessity and whether allthat is done under extenuating circumstances (of objective andsubjective nature) is a factual question which is being solved byboard of judges in each particular case. violation of extreme56BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA