Престъплението по чл. 172а, ал. 2 НК – самостоятелен престъпен състав или законодателно уредена форма на съучастие
The legal nature of the offence under Article 172a(2) of the Bulgarian Criminal Code: an autonomous offence or a form of complicity

Summary/Abstract: This article examines the legal nature of the offence under Article 172a(2) of the Bulgarian Criminal Code in the context of protecting copyright and related rights in the digital environment. It explores the legislative rationale behind the introduction of the provision and the expansion of the protected social interest. Particular attention is paid to the question of whether the provision establishes an autonomous criminal offence or a legislatively regulated form of complicity. The study further analyses the nature of the offence and the role of the special purpose requirement as an element of the subjective side of the offence. Based on doctrinal and normative analysis, conclusions are drawn regarding the scope and proper interpretation of Article 172a(2) of the Criminal Code.

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