Психическото отношение на дееца към отегчаващите обстоятелства и неговото значение за определяне на наказанието
The Psychological Attitude of the Offender to the Aggravating Circumstances and its Meaning for Defining the Penalty

Summary/Abstract: This article aims to argument the opinion that every objective circumstance of the crime shall be considered as condition for penal liability or aggravating circumstance only in case that spreads within the psychological experiences of the guilty one. Secondly, this article aims to propose regulation of this position, whereas second sentence of para. 5 of Art. 11 from the Criminal Code to be supplemented, as follows: “The penalty shall be aggravated due to circumstances from objective nature accompanying the execution of the crime if the offender has realized their presence, and for unforeseen for the crime harmful consequences the penalty shall be aggravated if towards to them the offender has acted deliberately or negligently”. It doesn’t matter that it is not considered the guilt in the meaning as per Art. 11, para. 1–3 from the Criminal Code - as attitude to the constitutional elements of the crime. It is important the law to regulate at one place the requirementfor internal attitude to all objective elements of the criminal behavior in order to be imposed to the offender, including to all aggravated circumstances from objective nature.

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