Престъпно извършване на финансови сделки и платежни услуги (чл. 252, ал. 1 НК)
Criminal Performance of Financial Transactions and Payment Services (Art. 5 , para. CC)

Summary/Abstract: The main purpose of the study is to con- tribute to the proper interpretation and application of the norm of Art. 252, para. 1 CC. It is underlined that the norm is blanket, which requires that, on the basis of non-criminal law, two key features of the corpus delicti should be clarified: a) the term financial transactions' and, particularly, the types of financial transactions - banking ones, insurance ones and others, as well as the term payment services'; b) the requirement of their being performed without the respective authorisation. The analysis encompasses not only national law sources, but also EU law sources. The other essential features characterising the crime under consideration are clarified as well: on the objective side - the requirement of the financial transactions and payment services being performed by occupation, as well as the features related to the subject and the subjective side.Argumentation is given for reaching the conclusion that only a part of the financial transactions and payment services in terms of Art. 252,para. 1 CC is characterised by the need for authorisation in order to be performed by occupation. In the other cases - where their performance by occupation violates a registration regime or a notification one or a general one, and not an authorisation regime - it does not constitute a crime, but an offence of a different type.

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