Some matters of criminal law stages and preliminary criminal activity  Cover Image
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Някои въпроси на стадиите и предварителната престъпна дейност
Some matters of criminal law stages and preliminary criminal activity

Author(s): Rumen Markov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The present article deals with the subject of criminal law stages and preliminary criminal activity mostly concerning the under-explored by science and probably therefore contradictory resolved in the judicial practice issues. Critical analysis of the legislative solutions in the criminal law of the European Union and leading European countries is made. The term “stages in the implementation of the decision to commit a crime” (“stages in the development of criminal activity”) is defined. Formation and objectification of “criminal decision” preceding the preparation are discussed. The author advocates the idea that these are not real stages. The main attention is paid to the stage of preparation for a purposeful crime and in particular: its social danger; object; objectives pursued by the legislature with its punishability; range (start and end point), “corpus delicti” of punishable preparation. Collective preparation carried out by two or more persons, as well as the form of preparation mentioned in Penal Code as a self (completed) crime is specially studied. Others, different than preparation, forms of preliminary criminal activity: participation (membership) in a criminal community and criminal mediation are considered.

  • Issue Year: LIV/2013
  • Issue No: 2
  • Page Range: 69-94
  • Page Count: 26
  • Language: Bulgarian