Причиняване на вреди при задържане на лице, извършило престъпление по чл. 12а НК
Inflicting Harm in the Course of Detainment of a Person Who Committed an Offence Under Article 12a of the Criminal Code

Summary/Abstract: In order to talk about inflicting harm under Art. 12а of the Criminal Code as well as about limits in which the act of harming in the course of detainment of a person will remain socially justified and lawful, it is necessary to find out at what statutory conditions the institute of detainment will belegally applicable. In this view, it is clarified that detainment may be realized only towards such a person who is committing or has committed an offence, with the existence of urgent necessity for their detainment. The limits of the time interval in which a person may realize detainment areto be established in order to respectively determine the limits of lawful injury of the perpetrator. The prerequisites for lawful inflicting of damages in the course of detainment of the person who ommitted an offence are to be ascertained - there should be lack of another harmless method of detainment and the acts should have been for achieving the statutory purpose of the detainment. It is specified that the limits of the necessary and legal measures related to detainment of a person who committed an offence shall be outlined during the comparison first of the circumstances ofthe detainment and the degree of public danger of the committed offence, and second – between the acts related to detainment and the situation in which it is done. The terms “limits of injury in the course of detainment”, “eligible injuries” and “sufficient injuries” are to be introduced. Proposals have been made de lege ferenda.

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