За допустимостта на реабилитацията при изтекла давност по чл. 82 НК
Admissibility of Rehabilitation in Case of Expiry of Prescription Periods under Article 82 of the Criminal Code

Summary/Abstract: The article deals with the issue of admissibility of rehabilitation when the prescription period has expired, suspending the execution of the penalty imposed by the court (Art. 82 of the Criminal Code of the Republic of Bulgaria). The lack of legal regulation of the requirements for rehabilitation in case of expired prescription period under Articles 86–88a of the Criminal Code has led to a dispute in Bulgarian jurisprudence and court practice. The article argues in support of the legality of a sentenced person’s rehabilitation upon expired period of prescription, upon full mercy by the President of Republic of Bulgaria and upon exemption from execution of the penalty imposed (Art. 41, para. 2 and para. 3, Art. 64, Art. 84, para. 3, Art. 158, Art. 191, para. 4 of the Criminal Code).Until the law is amended to provide for the requirements for rehabilitation upon expiry of the prescription period, the rules of Art. 86, para. 1, p. 2–4, Art. 87, para. 1 and Art. 88а, para. 1 and para. 2 of the Criminal Code should be applied, by parity of reasoning (analogia legis), for the purpose of solving practical issues. The article includes particular suggestions de lege ferenda for supplementing the provisions whose application, by parity of reasoning, is recommended.

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