АКТУАЛНИ ВЪПРОСИ НА ПРЕСТЪПЛЕНИЯТА ПО ТРАНСПОРТА
CURRENT ISSUES IN TRANSPORT CRIMES

Summary/Abstract: The problems discussed in the article are related to the imprecise legislative regulation of transport crimes under Art. 342, para. 1-4, Art. 343, para. 1-3 and Art. 343b, para. 6 and 7 of the Criminal Code, with emphasis on the amendments and supplements to the Criminal Code with SG, issue 61 of 2025, in force from 29.07.2025. The subject of analysis is the scope of the elements of intentional and negligent crimes of the same type, the ambiguity of the qualifying elements under Art. 342, para. 4, under Art. 343, para. 3 and the controversial points regarding Art. 343b, para. 6 and para. 7 of the Criminal Code. Special attention is paid to the debatable issue of guilt and the legal qualification of the intentional transport crime under Art. 342, para. 3 of the Criminal Code, which becomes even more acute with the introduction of the new qualified composition under Art. 342, para. 4 of the Criminal Code. Last but not least, the problem of the disproportionality of the sanctions provided for these crimes and the incorrect delineation of the grounds for imposing indefinite deprivation of rights under Art. 37, para. 1, items 6 and 7 of the Criminal Code is examined.

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