Krajnja nužda kao jedna od općih osnova isključenja protupravnosti kaznenog djela
The state of necessity as one of the basis for elimination in the case of violation of law

Summary/Abstract: The author elaborates the concept of the state of necessity as one of the basis for elimination in the case of violation of law. T aking into account the fact that the criminal offence is the matter of criminal law, as an individual law field it determines the elements of criminal offence whose comulative action leads to criminal offence and only as such it can exist. However, if one of the elements of criminal offense is not fulfilled, it cannot be determined as one. In the criminal laws, in relation to the subject matter, there are determined basis which exclude the unlawfulness of criminal offence as one its basic elements. I nter alia, the main reasons for elimination of unlawfulness are: minor insecurity or minor offence, self-defense and state of necessity. The author elaborates the concept of the state of necessity as the basis for elimination of unlawfulness, whereas he takes into consideration its characteristics as well as the issues of violating the boundaries determined by the state of necessity, lead to cancelation and identify criminal offence.

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