Безначајно дјело као основ искључења противправности
Insignificant Offence as a Grounds for Excluding Illegality

Author(s): Sandra Srdanović
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Grounds for excluding illegality; Insignificant act;
Summary/Abstract: The body of rules pertaining to legal grounds for excluding illegality is a dynamic and significant area of criminal law tracing back to ancient sources of law. From time immemorial, human beings have tried to capture the essence of right and wrong and draw the line between the two. Despite all the remodeling in form and content of these legal institutes throughout history, the issue of their substance, legal nature and rules for proper application, which would result in excluding illegality of certain criminal offenses, have posed a challenge to this day. The need to explore legal grounds for excluding illegality is clear, as it is in the interest of every society, including ours, to determine precisely which acts are illegal and punishable, i.e., which acts in a particular society require the response of criminal law. Furthermore, determining unequivocally the grounds for excluding illegality would strengthen legal certainty and the rule of law. After giving a historical overview of the evolution of insignificant act and having outlined the criminal justice legal framework in Bosnia and Herzegovina from the comparative law perspective, the author analyzes the legal institute of insignificant act as a grounds for excluding illegality, its legal nature and some notable differences and provides concluding remarks.

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