PRAVNOISTORIJSKI POGLED NA NUŽNU ODBRANU U SRPSKOM PRAVU

Abstract

The paper provides a legal-historical overview of the institute of right of selfdefense in the Principality and Kingdom of Serbia and the Kingdom of Yugoslavia. Namely, the importance of the right of self-defense for criminal law is reflected in the fact that it is the basis for the exclusion of illegality, i.e. impunity. Тhe institute of right of self-defense appeared in Serbian law during the time of Nemanjić. Аs a modern institute, right of self-defense was legally defined first time in the Criminal Code of 1860. On that occasion, the domestic legislator laid the foundations of the modern institute of right of self-defense, regulating it in detail. Despite this, it was not always easy for judges in practice to assess whether there is a place to apply the institute of right of self-defense or not. At the beginning of the 20th century, the quality of the legislation from the 19th century was confirmed. The regulations on right of selfdefense were changed, but not to a large extent, but just enough to harmonize with European solutions. Therefore, in the paper, the greatest attention will be paid to the analysis of the legal solution from 1860, with reference to examples from practice; with reference to legal changes from the beginning of the 20th century.