Обстоятелства, изключващи обществената опасност и противоправността на деянието
Circumstances excluding the public danger and illegality of the act

Essence and legal definition

Author(s): Anton Girginov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: Criminal Code; public danger; proportionality; illegality; exclusion; legislator; law enforcement bodies
Summary/Abstract: The issue of the relationship between public danger and illegality is being investigated with a view to their exclusion in the acts under Art. 12 – 13A of the Criminal Code. The different approach of the legislator and the law-enforcement bodies is clarified. It is concluded that for the law enforcement authorities, the absence of illegality has a leading importance. It is also characteristic of the acts under Art. 12 - 13A of the Criminal Code, because of which the law enforcement authorities do not have to refer to the absence of public danger in their country. The legal text should also comply with this, and for this purpose it should indicate that the acts under Art. 12 - 13A of the Criminal Code are not illegal. Finally, these acts are compared with the minor act under Art. 9, para. 2 of the Criminal Code, which, although also not a crime, has the opposite characteristic.

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