ПРИМЕНА ИНСТИТУТА НУЖНЕ ОДБРАНЕ У ТЕОРИЈИ И ПРАКСИ КРИВИЧНОГ ПРАВА
THE APPLICATION OF THE INDUCED DEFENSE INSTITUTE IN THE THEORY AND PRACTICE OF CRIMINAL LAW

Summary/Abstract: Existence of a crime in any particular case is preconditioned by numerous objective and subjective, i.e. material and formal elements, which establish the general being (general notion) of a crime. These are: deed of man, guilt, illegality and determination by the law. If any of these elements is absent there is neither crime nor punishment of the offender. Objective bases for exclusion of illegality are explicitly enumerated by the law. They are: minor offence, induced defense, and extreme necessity. Among these bases, historically, of the longest tradition, and of the specific importance is induced defense. According to the latest legislation, that is the defense necessary to the offender to reject the simultaneous illegal attack from his of other's good. For the existence of this institute of the general part of Criminal law, there should be cumulatively fulfilled two preconditions: a) attack, and b) rejection of attack, which both have to fulfill legal standards. It's particularly the notion, features, legal nature, existence requirements, forms of excess, and scope of this institute in theory and practice of Criminal law, that this paper examines.

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