ПРОБЛЕМИ НА ПРАВНАТА КВАЛИФИКАЦИЯ НА ГРАБЕЖА ПО ЧЛ. 198, АЛ.3 ОТ НАКАЗАТЕЛНИЯ КОДЕКС
PROBLEMS OF THE LEGAL QUALIFICATION OF ROBBERY UNDER ART. 198, PARA. 3 OF THE PENAL CODE

Summary/Abstract: The article discusses controversial issues of the legal qualification of robbery under Art. 198, para 3 of the Penal Code – what is the executive act of the crime; In which cases the act will be qualified under Art. 198, para 1 and in which under para 3 and is it possible to attempt to commit robbery under Art. 198, para 3 of the Penal Code. The analysis is based on the thesis that robbery under Art. 198, para. 3 is a composite crime that is carried out with two acts. The author concludes that criminal behavior should be qualified as robbery under para.3 in two hypotheses, separated depending on the temporal and spatial parameters of the seizure and the coercion. The problem of the completion of the crime is posed on the basis of the understanding that the corpus delicti under Art. 198, para 3 of the Penal Code is not formal.

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