За допустителството по ч 285 НК
On the Allowance Under Art. 285 of the Criminal Code

Author(s): Darina Koseva
Subject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: allowance; allower; official; allowee; office; work; consciously
Summary/Abstract: The review of the judicial practice under Art. 285 of the Criminal Code determines a conclusion of limited applicability of the provision regulating the allowance as a malfeasance, the latter regulated in Section II of Chapter VIII, Special Part of the Criminal Code. The difficulties in interpretation and application of Art. 285 of the Criminal Code are explained by the specific object of the crime, the peculiarities of the official capacity of the allower (an official under Art. 93(1a) of the Criminal Code, to whom officials and non-officials are subordinate), the characteristic connection of the committed crime with the service or work of an allowee, the absence of requirements regarding the allowee to possess an official capacity, the nature of subordination and the complexity of the ideas formed in the mind of the allower. Upon examination of the legal rule, the development of the regulation of the allowance has been traced since the establishment of its composition by the provision of Art. 441 of the Criminal Code (1896) to the current version of Art. 285 of the Criminal Code (1968). Conclusions regarding the need for the existence and improvement of the legal framework have been formulated and argued.

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