Престъпно управление на моторно превозно средство в хипотезата на чл.343в, ал.3 НК
Тhe criminal driving of a motor vehicle in the hypothesis of Art. 343B, para. 3 of the Criminal Code

Summary/Abstract: This article is devoted to the legal nature of the criminal driving of a motor vehicle, which is regulated in the provision of Art. 343c, para. 3 of the Criminal Code, expressed in driving a motor vehicle during the period of serving a coercive administrative measure (PAM). 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 of the acts should be prosecuted under criminal law. he exposition also contains the question concerning the distinction between the crime under Art. 343c, para. 3 of the Criminal Code and the practically identical administrative offense regulated in the provision of Art. 177, para. 1, item 2 ZDvP. The judicial practice on this issue was discussed, with specific judicial acts being indicated, in which the problem of the relationship between the crime under Art. 343c, para. 3 of the Criminal Code and the administrative offense under Art. 177, para. 1, item 2 of the Criminal Code 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.

• Details
• Contents