Мнимата неизбежна отбрана – фактическа грешка или самостоятелен институт?
Putative self-defense – mistake of fact or a separate legal institute?

Summary/Abstract: The article analyses the main characteristics of putative self-defense and the question of whether it can be explained through the doctrine of mistake of fact under Article 14 of the Penal Code. Following an analysis of theoretical views and a comparative legal review of its regulation in foreign national legislations, the article concludes that in such cases the perpetrator is not mistaken as to constituent factual elements of the offense, but rather as to the existence of a circumstance that would exclude the social danger of the act. Consequently, it is proposed to expand the scope of Article 14 of the Penal Code to encompass both putative self-defense and similar hypotheses.

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