Application of Article 2, para 1 of the Law on Responsibility of the State and the Municipalities for Damage Caused through Acts of the Police ... Cover Image
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Приложение на чл. 2, ал. 1 от Закона за отговорността на държавата и общините за вреди във връзка с действията на полицейските органи на МВР по реда..
Application of Article 2, para 1 of the Law on Responsibility of the State and the Municipalities for Damage Caused through Acts of the Police ...

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

Summary/Abstract: STATE'S RESPONSIBILITY FOR DAMAGES / Application of Article 2, para 1 of the Law on Responsibility of the State and the Municipalities for Damage Caused through Acts of the Police under the Penal Procedure Code (PPC) // The amendments to the Penal Procedure Code (PPC), promulgated in State Gazette No. 32/2010 raised the issue of responsibility under the Law on Responsibility of the State and the Municipalities for Damage caused by the police who performed illegal acts during investigation. This legislative decision creates some difficulties, namely, the police’s assumption of responsibility for acts performed by them during investigation under the PPC in terms of urgency (Article 212, para. 2 PPC). Likewise, problems arise towards the justification of the responsibility of the authorities which enforce the law as listed in Article 2 of the Law on Responsibility of the State and the Municipalities for Damage, actions of investigation performed by the police on the basis of express authorization under Article 194, para. 3, prop. 2 of the PPC. The application of the law would find it difficult to distinguish a damage caused by the acts of investigation performed by the police from a damage which stems from illegal acts performed by other authorities in the process of enforcing the law. To overcome these difficulties de lege ferenda it is necessary to amend the law so as to define the police as subjects identified as passive ones under Article 2, para. 1 of the Law on Responsibility of the State and the Municipalities for Damage incurred during acts performed by them during investigation under the PPC.

  • Issue Year: LII/2011
  • Issue No: 2
  • Page Range: 75-82
  • Page Count: 8
  • Language: Bulgarian