Наказателно правен режим на института на реторсия
Criminal regime of the institute of retorse

Summary/Abstract: This article aims to analyze the legal nature and scope of rhetoric as an institute of substantive criminal law. The theoretical foundations in this presentation are supported by legal arguments on the plane of the case law and have the task to answer the questions about: The concept of „rhetoric“and retorsion as a criminal law institute; The essence and peculiarities of the material prerequisites for the application of the rhetoric in accordance with art. 130,paragraph 3 of the Penal Code and art. 146, paragraph 2 of the Penal Code; The ratios and distinctions in the criminal law regime of the institute of rhetoric and the institute of inevitable defense within the meaning of аrt. 12, paragraph 1 of the Penal Code; Retorsion as a specific legal ground for exemption from punishment in the commission of specific crimes. In the final part of the article, a definition of rhetoric as a criminal law institute is proposed.

• Details
• Contents