КРАЈЊА НУЖДА У КРИВИЧНОМ ПРАВУ
Ultimate Necessity in Criminal Law

Summary/Abstract: The defense of ultimate necessity has a special importance in the substantive criminal law, the criminal procedure law and criminal policy, for which reason it is explicitly defined and regulated in criminal legislation. The Serbian law prescribes the specific circumstances when the defense of ultimate necessity applies; these circumstances must be interpreted restrictively on the merits of each individual case while the final decision on their applicability rests on the discretionary authority of the competent court. However, given the fact that this legal institute is regulated in rather abstract and unspecific terms, it has given rise to numerous disputable issues both in legal theory and in the judicial practice. Eventually, the controversy has generated a number of legal solutions which may help in the process of applying these abstract legal concepts to the facts of each individual case in an adequate and lawful manner. In this article, the author provides an overview of numerous legal theories and positive law solutions on this legal institute contained in the contemporary criminal legislation and case law (including the cases from Serbian jurisprudence, whenever available). The authentic nature and the abundant scope of the provided judicial decision may be a a valuable asset to all legal professionals who daily encounter diverse concepts and elements pertaining to the defense of ultimate necessity as a legal ground for the exemption from criminal liability.

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