Някои проблеми, свързани с криминализирането на транспортното престъпление по чл. 345, ал. 2 НК
Some problems related to the criminalization of transportation crime under Art. 345, para. 2 of the Penal Code

Summary/Abstract: This scientific article is dedicated to the legal nature of the transport crime under Art. 345, para. 2 in connection with para.1 of the Criminal Code, resulting in driving a motor vehicle that is not properly registered. The presentation examines the origin and historical development of the targeted criminal offense from the special part of the Criminal Code, as well as the reasons with which the Bulgarian legislator decided that the perpetrator should be prosecuted under criminal law. The exposition also contains the question concerning the distinction between the crime under Art. 345, para. 2 of the Criminal Code and the practically identical administrative offense regulated in the provision of Art. 175, para. 3 of the Road Traffic Act (RTA). The reader's attention is presented both to the judgments of the Supreme Court and those of the courts in the country, and in them the problem of the relationship between the crime under Art. 345, para. 2 of the Criminal Code and the administrative violation under Art. 175, para. 3 RTA through the prism of the public danger of the act in an attempt to give practical guidelines when the specific act committed by the perpetrator constitutes a crime and when an administrative violation

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