Някои нови аспекти в Наказателния кодекс, касаещи домашното насилие
Some new aspects of the Penal Code concerning domestic violence
Author(s): Entela KadriuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law
Published by: Съюз на юристите в България
Keywords: domestic violence; civil right; judiciary acts; accessory acts; Criminal Code; Council of Europe Convention on preventing and combating violence against women and domestic violence; Istanbul Conventio
Summary/Abstract: The Criminal Code does not formulate a separate corpus delicti for “domestic violence” while presenting it as an aggravating circumstance leading to a heavier sentence for other proven crimes. A separate corpus delicti is not the fact of excercising domestic violence but the fact of breaching an order for protection from domestic violence, issued under Art. 296 from the Criminal Code. Penal liability for domestic violence envisioned by the Criminal Code does not exclude civil liabiliy envisioned by the Law on Protection from Domestic Violence. The prevention is focused on warning the perpetrator but not in his quality of abuser but in the quality of a person adversely affecting the interest of the state.
Journal: Общество и право
- Issue Year: 2021
- Issue No: 8
- Page Range: 25-38
- Page Count: 14
- Language: Bulgarian
- Content File-PDF