O mogućim pravnim dejstvima nužne odbrane

Abstract

Self defense is one of the oldest Criminal law institutes. However, many issues associated with this institute are still controversial. One of them is the issue of the legal effect of self defense. Specifically, in the theory and legislation there is no agreement about which of the general elements of criminal offense is excluded if the offender is acting in self defense. There are some concepts that consider the self defense as the basis for exclusion of: 1. unlawfulness of the offense, 2. social danger of the offense, 3. criminal liability of the perpetrator, 4. punishability of the offense, 5. or concept, which generally provides that the act is not a criminal act if it was committed in self defense, which does not specify which element of a criminal offense is excluded due to the effects of this legal concept. Acceptance of any of these concepts is related to the understanding of the basic concepts of criminal law in certain states - the concept of crime and the notion of criminal responsibility. In this paper, the author has explained the above stated concepts, as well as how the issue of the legal effect of self defense was understood and regulated, and how it is regulated and understood in the Serbian (Yugoslav) criminal law.