Osnovi koji isključuju postojanje krivičnog djela
Basis of Exclusion of Existence of Criminal Act

Author(s): Branko Vučković, Vesna Vučković
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criminal act;Illicit;Force and threat;Material error and mistake of law;Irresponsibility;Self-defense;Final necessity;
Summary/Abstract: Determining the general issue of criminal act has multiple legal and criminal-political significance. Criminal act is central question of criminal law and of entire criminal system in general. It is the basis and condition for application of penalty. A criminal act is an act that is determined as a criminal act by law and which is unlawful and committed. What conduct is considered illegal, is impossible to define just by incriminations in penal legislation and mandatory provisions. Hence, we also have to bear in mind other norms which exclude basis of the illegal and are taking away the character of criminal act.Bases of exclusion of criminal act are important for determining precisely reasons that lead to exclusion of the illegal, in other words to differentiate them from the illegal and punishable acts which deserve to be reacted upon by criminal law.There are general and special bases of exclusion of criminal act existence, and there are also those that are not prescribed in penal code, but their acceptance depends on evaluation of their justification in case law of acts executed in function, military or official order, self-inflicted wounding, with the consent of offended, deprivation of life because of compassion, medical intervention.

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