Освобождаване от наказателна отговорност с налагане на административно наказание по реда на чл. 78А от Наказателния кодекс
Release from Penal Responsibility with Imposing of an Administrative Punishment under Article 78A of the Criminal Code

Author(s): Petko Minev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: criminal code; penal responsibility; administrative punishment; imposition
Summary/Abstract: Idea of this study is that the institutions under Article 78a and Article 218b of the Criminal Code should expand their scope. There are many crimes that have a low degree of public danger, for which it is not justified to conduct criminal proceedings, and the records could be sent to the authority for imposing an administrative punishment. Similarly to Article 61 of the Criminal Code concerning juvenile offenders, the prosecutor or the court should have the power to discontinue the proceedings also against adult offenders, if a low social danger of the specific act is established, and to transmit the case materials to the police authorities (in this case – the administrative authority) for the imposition of an administrative punishment – a fine or deprivation of rights. The simplified form of administrative punishment is appropriate for the application in cases of minor offences and relieves the criminal justice system of a significant burden.

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