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Pravosudni ispit practice questions

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Question 1Civil law and civil procedure

Under the Croatian Civil Obligations Act, when does a contract of sale become binding on the parties?

  1. When the object of sale is physically handed over
  2. When the contract is certified by a notary public
  3. When the buyer pays the purchase price in full
  4. When the parties agree on the essential elements of the contract Correct answer.

Explanation

A sales contract is consensual: it is concluded and binding once the parties agree on the essential elements, namely the object and the price. Payment, delivery and notarial certification are later performances or formalities and are not constitutive of the contract.

Question 2Civil law and civil procedure

What is the statutory default period within which a party must respond to a claim for protection of a disturbed possession?

  1. Thirty days
  2. Fifteen days
  3. Three days
  4. Eight days Correct answer.

Explanation

In possession disputes the defendant must answer the claim within eight days, reflecting the need for a swift provisional decision. This short period is a special feature of possession protection compared to ordinary civil litigation.

Question 3Civil law and civil procedure

A creditor assigns a monetary claim to a third party without informing the debtor. What is the effect of the assignment on the debtor?

  1. The debtor must pay the assignee from the moment the assignment agreement is signed
  2. The assignment is valid between the parties but the debtor may validly pay the original creditor until notified Correct answer.
  3. The debtor owes the claim twice, to both the assignor and the assignee
  4. The assignment is void because the debtor did not consent

Explanation

Assignment transfers the claim by agreement between assignor and assignee without the debtor's consent. However, until the debtor is notified, payment to the original creditor discharges the debt, protecting the debtor's reliance.

Question 4Civil law and civil procedure

Which of the following is a characteristic of a real servitude (servitus praedii)?

  1. It grants the holder a personal right to demand a specific act
  2. It may be freely transferred separately from the dominant property
  3. It burdens a property for the benefit of another property, not of a particular person Correct answer.
  4. It extinguishes automatically when the owner of the dominant property dies

Explanation

A real servitude is a right attached to a dominant property and burdens a servient property, benefiting whoever owns the dominant estate. It is inseparable from that property and is not a personal right against a particular individual.

Question 5Civil law and civil procedure

A seller delivers goods with a hidden defect that the buyer discovers six months after delivery. What is the buyer's primary remedy under the statutory rules on material defects?

  1. Nothing, because six months have passed
  2. Damages only, with no possibility of rescission
  3. Rescission of the contract or reduction of price, at the buyer's choice Correct answer.
  4. Automatic replacement of the goods without any notice to the seller

Explanation

For material defects the buyer may choose between rescinding the contract and reducing the price, and may also claim damages. The buyer must notify the seller within a reasonable time of discovering the defect; six months alone does not bar the remedy.

Question 6Civil law and civil procedure

Which court has subject-matter jurisdiction in a first-instance civil dispute over a monetary claim of 5,000 euros in Croatia?

  1. The commercial court (trgovački sud)
  2. The municipal court (općinski sud) Correct answer.
  3. The High Administrative Court
  4. The county court (županijski sud)

Explanation

Municipal courts decide first-instance civil claims of lower monetary value, including ordinary monetary disputes of this size. County courts generally hear higher-value claims and specified matters such as family or status disputes.

Question 7Civil law and civil procedure

What is the legal nature of ownership under Croatian property law?

  1. A relative right enforceable only against a specific contracting party
  2. A right held jointly by the state and the possessor
  3. An absolute right over a thing that the owner may use, enjoy and dispose of within legal limits Correct answer.
  4. A temporary right that expires after twenty years of non-use

Explanation

Ownership is the fullest real right over a thing, giving the owner the powers of use, enjoyment and disposal within the limits of the law. It is enforceable against everyone (erga omnes), which distinguishes it from obligations.

Question 8Civil law and civil procedure

A party fails to appear at the preparatory hearing without justification. What is the typical consequence under civil procedure rules?

  1. The claim is automatically dismissed
  2. The court may proceed and the defaulting party bears the costs caused by the absence Correct answer.
  3. The defaulting party automatically loses the case on the merits
  4. The hearing is adjourned indefinitely until the party appears

Explanation

Non-appearance at a scheduled hearing does not automatically decide the case. The court may proceed in the party's absence and may order the defaulting party to bear the costs caused by the failure to appear.

Question 9Civil law and civil procedure

What distinguishes a contract of lease (najam) from a contract of loan for use (posudba)?

  1. The lease must always be concluded in writing
  2. The lessee pays rent, while the borrower under loan for use pays nothing Correct answer.
  3. The borrower under loan for use may consume the object
  4. The lessee acquires ownership of the object

Explanation

In a lease the user pays rent for the use of the object, whereas a loan for use is gratuitous. Both grant use without transfer of ownership and neither requires writing as a rule.

Question 10Civil law and civil procedure

When does a pledge (založno pravo) on a movable thing typically arise?

  1. When the pledge agreement is signed by the debtor alone
  2. When the pledge is registered in the land registry
  3. When the debtor defaults on the secured obligation
  4. When the pledged thing is handed over to the creditor or a third party by agreement Correct answer.

Explanation

A possessory pledge over movables is constituted by delivery of the thing into the creditor's or an agreed third party's possession. The pledge agreement alone does not perfect the security right in movables.

Question 11Civil law and civil procedure

Which statement best describes the principle of free evaluation of evidence in civil proceedings?

  1. The court assesses the probative value of each piece of evidence according to its own conviction Correct answer.
  2. Only written evidence may be relied upon by the court
  3. Evidence obtained illegally must always be admitted
  4. The parties' agreement on facts binds the court absolutely

Explanation

The court is not bound by formal rules of proof value and evaluates evidence freely, though it must reason its assessment. This principle is balanced by rules on burden of proof and the parties' disposition over the claim.

Question 12Civil law and civil procedure

What is the effect of a judgment becoming res judicata (pravomoćnost)?

  1. The judgment becomes enforceable immediately in all cases
  2. The judgment loses effect after five years
  3. The judgment may be reopened at any time by either party
  4. The judgment may no longer be challenged by ordinary appeal and binds the parties Correct answer.

Explanation

Res judicata means the decision can no longer be attacked by ordinary appeal and binds the parties on the matter decided. Enforceability is a related but distinct concept that depends on additional conditions.

Question 13Civil law and civil procedure

A debtor owes 10,000 euros and makes a partial payment of 3,000 euros without specifying which debt it covers, where several debts are due. What rule applies?

  1. The creditor may freely choose any debt at any later time
  2. The payment is applied proportionally to all debts
  3. The payment is applied to the debt the debtor designates, failing which to the debt least secured or most burdensome Correct answer.
  4. The payment is applied to the oldest debt regardless of security

Explanation

The debtor has the right to designate which debt is settled. If the debtor is silent, statutory rules direct application to the debt that is least secured or most burdensome for the debtor, protecting the debtor's interest.

Question 14Civil law and civil procedure

What is required for acquisitive prescription (dosjelost) of immovable property by an honest possessor under Croatian law?

  1. Five years of possession with a registered title
  2. Twenty years of possession regardless of good faith
  3. Thirty years of possession with court approval
  4. Ten years of continuous possession in good faith Correct answer.

Explanation

An honest possessor of immovable property acquires ownership by ten years of continuous possession. A possessor who is not honest must possess for twenty years to acquire by prescription.

Question 15Civil law and civil procedure

Which of the following best describes solidary liability (solidarna obveza) of co-debtors?

  1. The creditor may demand the whole performance from any one debtor, who then has recourse against the others Correct answer.
  2. The debtors are liable only if the principal debtor defaults
  3. Each debtor owes only an equal share and the creditor must sue each separately
  4. The creditor must first exhaust remedies against the principal debtor

Explanation

In a solidary obligation each debtor is liable for the entire performance, and the creditor may choose whom to pursue. Internally, the debtor who pays more than its share may seek contribution from the others.

Question 16Civil law and civil procedure

What is the consequence of a contract concluded by a person lacking contractual capacity?

  1. The contract is always valid because capacity is presumed
  2. The contract is voidable and may be challenged by the person or their legal representative Correct answer.
  3. The contract is automatically void and cannot be confirmed
  4. The contract binds only the other party

Explanation

A person without contractual capacity cannot validly bind himself, so the contract is voidable and may be challenged. It can be confirmed once the person gains capacity or through a legal representative under statutory conditions.

Question 17Civil law and civil procedure

A plaintiff sues for a declaratory judgment that a contract is null. What must the plaintiff demonstrate?

  1. That the defendant has already breached the contract
  2. That damages have been quantified
  3. That the contract was notarised
  4. A legal interest in having the existence or non-existence of the legal relationship determined Correct answer.

Explanation

A declaratory action requires a legal interest in the determination of a legal relationship, such as the nullity of a contract. It is not a claim for performance and does not require breach or quantified damages.

Question 18Civil law and civil procedure

What is the difference between appeal (žalba) and revision (revizija) in civil procedure?

  1. Appeal is decided by the Supreme Court, while revision is decided by the county court
  2. Appeal is an ordinary remedy against a first-instance judgment, while revision is an extraordinary remedy against a final second-instance judgment Correct answer.
  3. Both are ordinary remedies available at any stage
  4. Appeal lies against final judgments only, while revision lies against interim decisions

Explanation

An appeal is the ordinary remedy against a first-instance judgment, decided by the second-instance court. Revision is an extraordinary remedy against a final second-instance judgment, decided by the Supreme Court on limited grounds.

Question 19Civil law and civil procedure

A neighbour builds a structure that encroaches on another's land. What is the primary real remedy available to the owner?

  1. A claim to acquire the encroaching structure without compensation
  2. A claim to remove the encroachment and restore the boundary (actio negatoria) Correct answer.
  3. A claim for damages only
  4. A claim to rescind the construction contract

Explanation

The owner may bring a negatory action to stop interference with ownership and demand removal of the encroachment. Damages may be claimed in addition, but the real remedy protects the ownership right itself.

Question 20Civil law and civil procedure

What is the legal effect of a suretyship (jamstvo) agreement?

  1. The surety becomes a co-owner of the debtor's property
  2. The surety undertakes to the creditor to satisfy the obligation if the principal debtor fails to do so Correct answer.
  3. The surety replaces the principal debtor in the contract
  4. The surety guarantees only the debtor's future obligations

Explanation

By suretyship the surety assumes accessory liability to the creditor for the principal debtor's obligation. The surety's obligation depends on the validity of the principal obligation and is limited to what the surety agreed.

Question 21Civil law and civil procedure

Which of the following statements about the burden of proof in civil litigation is correct?

  1. The court must prove the facts itself regardless of the parties' allegations
  2. The defendant bears the burden of proving all facts, including the plaintiff's claim
  3. Each party bears the burden of proving the facts on which its claim or defence is based Correct answer.
  4. The plaintiff bears the burden of disproving every defence raised

Explanation

The general rule is that the party asserting a fact must prove it: the plaintiff proves the facts of the claim, the defendant those of the defence. The court may take evidence but does not relieve the parties of their burden.

Question 22Civil law and civil procedure

A contract contains a clause allowing the creditor to unilaterally increase the interest rate. What is the effect of such a clause under consumer protection rules?

  1. The clause is valid because the parties signed the contract
  2. The clause converts the contract into a loan for use
  3. The clause is valid only if written in capital letters
  4. The clause is unfair and therefore not binding on the consumer Correct answer.

Explanation

A term allowing the creditor to alter the price or interest unilaterally without a valid reason is unfair and does not bind the consumer. The remaining terms of the contract continue in force where possible.

Question 23Civil law and civil procedure

What does the principle of disposition (dispozicijska maksima) mean in civil litigation?

  1. The parties decide whether to sue, what to claim and whether to settle or withdraw Correct answer.
  2. The court may award more than the plaintiff requested
  3. The court decides the scope of the claim on its own initiative
  4. The parties must accept any judgment the court proposes

Explanation

The disposition principle means the parties control the subject matter of the dispute, including initiation, scope and termination by settlement or withdrawal. The court is bound by the claim and cannot award beyond what is sought.

Question 24Civil law and civil procedure

When is a contract of gift (ugovor o darovanju) binding on the donor?

  1. When the gift is registered in the land registry
  2. When the donor delivers a written promise to a third party
  3. When the contract is concluded in the required form, after which the donor may not revoke at will Correct answer.
  4. When the donee takes possession of the gift

Explanation

A gift is a consensual contract that becomes binding when concluded in the prescribed form. Once binding, the donor cannot revoke at will, although statutory grounds for revocation exist in cases such as ingratitude.

Question 25Civil law and civil procedure

What is the effect of a set-off (prijeboj) declared by one party?

  1. The larger obligation is extinguished entirely
  2. Only the smaller obligation is extinguished and the larger remains intact
  3. The obligations are suspended until a court decides
  4. Both reciprocal monetary obligations are extinguished to the extent of the lesser amount as of the moment the set-off was possible Correct answer.

Explanation

Set-off extinguishes reciprocal due obligations to the extent of the lower amount, with effect from the moment both were capable of being set off. The declaration operates retroactively to that moment.

Question 26Civil law and civil procedure

Under Croatian civil procedure, within what period must a party file an appeal (žalba) against a first-instance judgment unless the law provides otherwise?

  1. Within fifteen days of service of the written judgment Correct answer.
  2. Within thirty days of service of the written judgment
  3. Within sixty days of service of the written judgment
  4. Within eight days of service of the written judgment

Explanation

The general appeal period in Croatian civil procedure is fifteen days running from the day the written copy of the judgment is served on the party. Shorter periods such as eight days apply only in specific summary or special proceedings, and longer periods are not the statutory default. Missing the deadline renders the appeal inadmissible.

Question 27Civil law and civil procedure

A contract is concluded in writing but the parties agree that a subsequent written annex will record the agreed price, which is left open. What is the status of the contract?

  1. The contract is voidable at the option of either party
  2. The contract is void because essential elements must be fixed at conclusion
  3. The contract is a mere draft with no legal effect until the annex is signed
  4. The contract is valid if the parties intended to be bound and the price can be determined Correct answer.

Explanation

Croatian law follows the principle that a contract is formed when the parties agree on its essential elements, and the price may be left determinable rather than determined. If the parties clearly intended to be bound, the open price does not prevent formation. The later annex merely documents what was already agreed.

Question 28Civil law and civil procedure

An agent concludes a contract on behalf of a principal but exceeds the authority granted in the power of attorney. The third party was unaware of the limitation and acted in good faith. What is the effect?

  1. The contract binds only the agent personally in every case
  2. The contract binds the principal because the third party relied in good faith on the apparent authority Correct answer.
  3. The contract is automatically void because authority was exceeded
  4. The contract has no effect until the principal ratifies it in writing

Explanation

Where an agent exceeds internal limits of authority but the third party could not have known of those limits, the principal is bound under the rules protecting good-faith reliance on apparent authority. The principal may then seek recourse against the agent for exceeding instructions. Absent good faith, the principal's liability would be assessed differently.

Question 29Civil law and civil procedure

Which possessory remedy is available to a possessor who is disturbed in possession without legal process, and within what period must it be sought?

  1. A claim for damages within three years
  2. A possessory action (smetanje posjeda) within thirty days of the disturbance Correct answer.
  3. A petitory action within one year
  4. A declaratory action without any time limit

Explanation

Croatian property law protects possession through a specific possessory action for disturbance, which must be brought within thirty days of the disturbance and the day the possessor learned of it. The court examines only the fact and last state of possession, not the legal basis of title. A petitory action concerns the right itself and is separate.

Question 30Civil law and civil procedure

Two co-owners hold an undivided apartment in equal shares, and one wishes to sell. What is the position of the other co-owner?

  1. The other co-owner has no rights and the share may be sold freely to anyone
  2. The other co-owner has a right of first refusal on the sale of the share Correct answer.
  3. The other co-owner automatically acquires the share free of charge
  4. The other co-owner can block any sale of a co-owner's share

Explanation

Under Croatian property law, a co-owner who sells an undivided share must first offer it to the other co-owners, who hold a statutory right of first refusal on the same terms. If that right is breached, the affected co-owner may challenge the sale under prescribed conditions. The right does not amount to a veto or a free acquisition.

Question 31Civil law and civil procedure

A creditor assigns a monetary claim to an assignee but does not notify the debtor. What is the effect of the assignment as between creditor and assignee?

  1. The assignment is valid only if made by a notarial deed
  2. The assignment is effective between the parties, but the debtor may validly pay the original creditor until notified Correct answer.
  3. The assignment transfers the claim only after the debtor consents
  4. The assignment is void without debtor notification

Explanation

Cession transfers the claim by agreement between assignor and assignee; notification of the debtor is not a condition of validity between them. Until the debtor is notified, payment to the original creditor discharges the debt. After notification, the debtor must pay the assignee.

Question 32Civil law and civil procedure

A seller delivers goods that are fit for ordinary use but lack a quality specifically promised in the contract. What remedy is primarily available to the buyer?

  1. Rescission of the contract as of right without any further condition
  2. No remedy, because the goods are usable
  3. A claim for punitive damages
  4. Reduction of price or repair/replacement for non-conformity, subject to notice Correct answer.

Explanation

Where goods conform to ordinary expectations but not to a specifically agreed quality, the buyer has warranty remedies such as price reduction, repair, replacement, or rescission under statutory conditions. The buyer must notify the seller of the defect within the prescribed period. Punitive damages are not recognized in this context.

Question 33Civil law and civil procedure

A tenant continues to use the leased premises after the lease term expires, and the landlord accepts rent for the following month without objection. What is the usual legal consequence?

  1. A new lease for an indefinite period is presumed to arise Correct answer.
  2. The tenant becomes a trespasser from the day of expiry
  3. The original lease is automatically extended for the same fixed term
  4. The landlord may evict without any notice

Explanation

Where the tenant remains in possession after expiry and the landlord accepts rent without objection, the law presumes a continuation of the lease for an indefinite period on the same terms. Either party may then terminate it subject to statutory notice. This protects the reliance created by the landlord's acceptance of rent.

Question 34Civil law and civil procedure

Which statement correctly describes the difference between ownership (vlasništvo) and a limited real right such as a servitude?

  1. Ownership is temporary by nature, whereas servitudes are perpetual
  2. Ownership is the fullest right over a thing, while a servitude grants only specific use or benefit over another's thing Correct answer.
  3. Ownership and servitudes are both limited rights of use over another's thing
  4. A servitude gives the holder the power to dispose of the burdened thing

Explanation

Ownership is the most comprehensive real right, allowing the holder to use, enjoy, and dispose of the thing within legal limits. Limited real rights such as servitudes, pledges, and real burdens confer only specific powers over another person's thing. They are therefore narrower in content than ownership.

Question 35Civil law and civil procedure

A will is drafted by the testator in his own handwriting, dated and signed. Which form of will is this under Croatian succession law?

  1. A holographic will Correct answer.
  2. A mutual will of spouses
  3. An oral will made before witnesses
  4. A public will before a court or notary

Explanation

A holographic will is one written entirely in the testator's hand, dated, and signed by him, requiring no witnesses. It is distinguished from a public will executed before an authorized official and from oral wills permitted only in exceptional circumstances. Mutual wills of spouses are not recognized in Croatian law.

Question 36Civil law and civil procedure

An heir who is also a creditor of the estate wishes to claim his debt from the estate. How is his position treated?

  1. He may only claim if the will expressly permits it
  2. He must first settle all other heirs' shares before claiming
  3. His claim is extinguished by his status as heir
  4. He is treated as a separate creditor and may claim from the estate alongside other creditors Correct answer.

Explanation

An heir who holds a claim against the decedent is not deprived of creditor status by inheriting. The claim is treated as a debt of the estate and is settled in the distribution, with the heir-creditor accounted for separately from his inheritance share. This prevents unjust enrichment of the other heirs.

Question 37Civil law and civil procedure

A plaintiff brings an action before the wrong court, and the defendant raises the objection of lack of subject-matter jurisdiction in the answer. What is the court's procedural duty?

  1. The court must continue and decide the merits regardless of the objection
  2. The court must declare its lack of jurisdiction and transfer the case to the competent court Correct answer.
  3. The court must stay the proceedings indefinitely
  4. The court must dismiss the action as inadmissible without further examination

Explanation

Subject-matter jurisdiction is a mandatory procedural condition that the court examines ex officio throughout the proceedings. If it finds it lacks jurisdiction, it declares that and transfers the case to the competent court rather than dismissing the claim. Dismissal is reserved for other procedural defects.

Question 38Civil law and civil procedure

A party fails to submit a document ordered by the court as evidence and offers no justification. What is the usual procedural consequence?

  1. The claim is automatically dismissed
  2. The party is criminally liable for contempt in every case
  3. The court must adjourn the hearing until the document is produced
  4. The court may draw an adverse inference and assess the refusal together with all other evidence Correct answer.

Explanation

Croatian civil procedure allows the court, when a party unjustifiably fails to produce ordered evidence, to draw conclusions adverse to that party within the framework of free evaluation of evidence. There is no automatic dismissal, and criminal liability is not the standard consequence. The court weighs the refusal with the rest of the record.

Question 39Civil law and civil procedure

What is the essential effect of a preliminary contract (predugovor) for the sale of real estate?

  1. It transfers ownership immediately upon conclusion
  2. It operates as a mortgage over the property
  3. It is legally irrelevant until the main contract is signed
  4. It obliges the parties to conclude the main contract, and the injured party may demand performance of that obligation Correct answer.

Explanation

A preliminary contract creates the obligation to conclude the main contract on the agreed essential terms. If a party refuses without justification, the other may demand conclusion of the main contract or damages. Ownership of real estate does not pass by preliminary contract alone.

Question 40Civil law and civil procedure

A court judgment orders a debtor to pay a sum of money, and the debtor fails to comply voluntarily. Which enforcement measure is most typical for a monetary claim?

  1. Eviction of the debtor from his home as the primary measure
  2. Annulment of the underlying contract
  3. Attachment and sale of the debtor's movable or immovable property, or attachment of claims and accounts Correct answer.
  4. Deprivation of the debtor's parental rights

Explanation

Enforcement of a monetary claim is typically carried out by attachment and realization of the debtor's assets, including movables, immovables, bank accounts, and other claims. Eviction concerns the surrender of property, not monetary recovery, and the other listed measures are unrelated to enforcement.

Question 41Criminal law and criminal procedure

Koja je najviša kazna propisana za krivično delo ubistvo iz člana 113. Krivičnog zakonika Republike Srbije?

  1. Dvadeset godina zatvora
  2. Kazna zatvora od dvadeset do četrdeset godina Correct answer.
  3. Trideset godina zatvora
  4. Četrdeset godina zatvora

Explanation

Osnovni oblik ubistva iz člana 113. Krivičnog zakonika zaprećen je kaznom zatvora od pet do dvadeset godina, ali zakon za teže oblike predviđa kaznu zatvora od dvadeset do četrdeset godina. Srpsko pravo ne poznaje doživotni zatvor kao opštu kaznu, već najtežu vremenski ograničenu kaznu od četrdeset godina. Zato je tačan odgovor koji označava raspon do četrdeset godina.

Question 42Criminal law and criminal procedure

Šta je nužna odbrana prema Krivičnom zakoniku Republike Srbije?

  1. Odbrana preduzeta nakon što je napad okončan
  2. Odbrana koja je usmerena protiv lica koje nije napadač
  3. Odbrana koja je prekoračena upotrebom vatrenog oružja
  4. Odbrana koja je bila neophodna da se odbije istovremeni protivpravni napad Correct answer.

Explanation

Nužna odbrana postoji kada se učinilac suprotstavi istovremenom protivpravnom napadu i to čini u granicama neophodne odbrane. Zakon zahteva istovremenost napada i odbrane, kao i srazmernost odbrane prirodi i jačini napada. Ako napad više ne traje, nema nužne odbrane.

Question 43Criminal law and criminal procedure

Koje lice se prema Zakoniku o krivičnom postupku smatra okrivljenim?

  1. Lice protiv kojeg je podneta krivična prijava
  2. Lice protiv kojeg je doneto rešenje o sprovođenju istrage ili protiv kojeg je podignuta optužnica Correct answer.
  3. Lice koje je oštećeni u krivičnom postupku
  4. Lice koje je saslušano kao svedok

Explanation

Okrivljeni je lice protiv kojeg je doneto rešenje o sprovođenju istrage ili protiv kojeg je podignuta optužnica, odnosno privatna tužba. Pre toga lice ima status osumnjičenog. Svedok i oštećeni imaju druga procesna svojstva i ne mogu se poistovetiti sa okrivljenim.

Question 44Criminal law and criminal procedure

Šta predstavlja krajnju nuždu u krivičnom pravu Srbije?

  1. Stanje u kojem je učinilac nesposoban da shvati značaj svog dela
  2. Stanje u kojem se otklanja istovremeni protivpravni napad
  3. Stanje u kojem učinilac postupa u svesti o protivpravnosti dela
  4. Stanje u kojem se otklanja opasnost koja se na drugi način nije mogla otkloniti, uz uslov da učinjeno zlo nije veće od zla koje je pretilo Correct answer.

Explanation

Krajnja nužda je stanje u kojem se otklanja istovremena opasnost koja se na drugi način nije mogla otkloniti, pri čemu prouzrokovano zlo ne sme biti veće od zla koje je pretilo. Za razliku od nužne odbrane, opasnost može poticati i od stvari ili prirodnih sila, a ne samo od ljudskog napada. Zato je ključni uslov srazmernost prouzrokovane štete.

Question 45Criminal law and criminal procedure

Koliko traje pritvor prema Zakoniku o krivičnom postupku Srbije, računajući od dana lišenja slobode, do podizanja optužnice?

  1. Do šest meseci Correct answer.
  2. Do tri meseca
  3. Do jedne godine
  4. Bez vremenskog ograničenja

Explanation

Pritvor pre podizanja optužnice može trajati najduže šest meseci od dana lišenja slobode. Rešenjem o pritvoru određuje se rok koji ne sme prekoračiti taj zakonski maksimum. Posle podizanja optužnice pritvor se produžava sudskom odlukom u daljim zakonskim rokovima.

Question 46Criminal law and criminal procedure

Koje krivično delo obuhvata protivpravno prisvajanje tuđe pokretne stvari u nameri da se njenim prisvajanjem pribavi protivpravna imovinska korist?

  1. Krađa Correct answer.
  2. Razbojništvo
  3. Utaja
  4. Prevara

Explanation

Krađa je protivpravno prisvajanje tuđe pokretne stvari u nameri da se njenim prisvajanjem pribavi protivpravna imovinska korist. Kod krađe stvar se oduzima bez primene sile, za razliku od razbojništva. Prevara i utaja podrazumevaju posebne načine pribavljanja koristi, a ne klasično oduzimanje stvari.

Question 47Criminal law and criminal procedure

Šta je saizvršilaštvo u krivičnom pravu?

  1. Dogovor o izvršenju dela bez preduzimanja radnje izvršenja
  2. Učestvovanje više lica u izvršenju krivičnog dela zajedničkom delatnošću Correct answer.
  3. Podstrekivanje drugog lica na izvršenje dela
  4. Pružanje pomoći učiniocu nakon izvršenja dela

Explanation

Saizvršilaštvo postoji kada dva ili više lica zajedničkom delatnošću izvrše krivično delo. Svaki saizvršilac odgovara za delo u celini, bez obzira na obim sopstvenog doprinosa. Razlikuje se od podstrekivanja i pomaganja, koji su oblici saučesništva bez zajedničkog izvršenja.

Question 48Criminal law and criminal procedure

Koji organ u Republici Srbiji odlučuje o pritvoru posle podizanja optužnice tokom glavnog pretresa?

  1. Advokat okrivljenog
  2. Policija
  3. Javni tužilac
  4. Sud Correct answer.

Explanation

O pritvoru uvek odlučuje sud, jer je pritvor mera koja zadire u ustavno pravo na slobodu. Posle podizanja optužnice o produženju pritvora odlučuje sud u zakonskim rokovima. Javni tužilac može predložiti pritvor, ali ne može samostalno odlučiti o njemu.

Question 49Criminal law and criminal procedure

Učinilac je u nameri da ubije drugog zadao žrtvi udarac nožem u predelu srca, ali je žrtva preživela zahvaljujući brzoj medicinskoj intervenciji. Kako se kvalifikuje njegovo delo?

  1. Teška telesna povreda
  2. Ubistvo u stvaranju
  3. Nesvršeno ubistvo se ne kažnjava
  4. Ubistvo u pokušaju Correct answer.

Explanation

Kada je učinilac započeo izvršenje ubistva radnjom koja objektivno može dovesti do smrti i imao nameru da ubije, ali smrt nije nastupila iz razloga van njegove volje, postoji pokušaj ubistva. Pokušaj je kažnjiv kada je za dovršeno delo propisana kazna zatvora od pet godina ili teža. Namera ubijanja razlikuje ovo delo od teške telesne povrede.

Question 50Criminal law and criminal procedure

Okrivljeni je u stanju bitno smanjene uračunljivosti izvršio krivično delo. Kako sud postupa?

  1. Okrivljeni se može blaže kazniti Correct answer.
  2. Okrivljeni se obavezno osuđuje na maksimalnu kaznu
  3. Okrivljeni se oslobađa od krivice
  4. Okrivljeni se ne može kazniti

Explanation

Bitno smanjena uračunljivost ne isključuje krivicu, ali predstavlja osnov za ublažavanje kazne. Sud može, a ne mora, blaže kazniti učinioca koji je delo izvršio u takvom stanju. Potpuna neuračunljivost je različita situacija koja isključuje krivicu.