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All men in the world have the use of many natural, universal rights who names are human rights. These rights have general law protection. The attack to these rights many criminal codes has prescribed as criminal acts.
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Lack of any of general, basic elements of the definition of the criminal act in criminal code, of objective or subjective character, exempts that act that is, the act committed by a person, with resulting consequences from the character of alkoholizmus traitement suisse anti aging act 1.
It is regarded to the circumstances which an act of a man exempts from either social danger or illegality, or of both elements 2.
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Namely, the exclusion of these elements exists when the act, which is otherwise regulated by law as a criminal act, is considered as excusable, according to some special provision. There are two bases for the exclusion of the criminal act in the criminal law of Serbia and Montenegro. General bases 4 in the criminal law of the Republic of Serbia according to the provisions of the General criminal law are: 1 insignificant social danger article 8.
Basic Criminal Code and 3 extreme necessity article Basic Criminal Code. In the Criminal code of the Republic of Montenegro 6 from December They are: 1 an act of little significance article 9. Special bases for the exclusion of the criminal act are not specifically provided by law.
They present a creation of the law theory and court practice but some of them are seen in the foreign legislations in specific cases. According to the fact that these special bases are not specifically provided by law, their effect and applicability are of controversial matter 7. Basic Criminal Code with aplication in Republic of Serbiaand article Criminal code of the Republic of Montenegronecessary defence is defence which is necessary for a perpetrator in alkoholizmus traitement suisse anti aging to protect himself or other person from an imminent illegal attack 8.
An act committed in necessary defence is excusable because the legislator himself considers that the perpetrator of such act is authorised for commission of that act 9.
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From this definition 10it results that necessary defence, in the sense of institute of criminal law, has to fulfil two conditions-the existence of attack and protection from such attack. But not every attack gives the right for necessary defence, nor every protection from attack is necessary defence.
Attack, as well as protection from attack, has to fulfil conditions cumulatively provided by law. Conditions for the existence of attack Attack is every act aimed towards violating or endangering alkoholizmus traitement suisse anti aging property or legal interest of a person It is most often undertaken by action, and sometimes by inaction.
In order for an act to be relevant with the view to institute of necessary defence, it has to fulfil certain conditions, which are: attack has to be undertaken by man; attack has to be aimed against any legal property or legal interest of a person; attack has to be illegal; and attack has to be real.
This solution are providing many modern criminal codes as : article Jescheck, Lehrbuch des Strafrecht, Allgemeiner teil, Berlin, Nenov, Nakazatelno pravo, Obša čast, Sofia, Stefani, G. Levasseur, B. Bulock, Droit penal general, Paris, Lolis, G. Mangakis, The Greek penal code, London, Penko, K. Strog, Kazenski zakonik z uvodnimi pojasnili, Ljubljana, Compendio di diritto penale, Parte generale e speciale, Simone, Napoli, Skuratov, V.
