CRIME, ARTIFICIALLY CREATED BY THE CRIMINAL CODE – A LEGAL PARADOX
CRIME, ARTIFICIALLY CREATED BY THE CRIMINAL CODE – A LEGAL PARADOX

Summary/Abstract: The article examines an important issue of the Bulgarian state’s criminal policy – how the imperfect criminal legislation can artificially create crime and “criminals”. It addresses problems related to the application of outdated or unclear criminal legislation. The author provides examples that illustrate the potential for provisions of the Criminal Code to be misused and for criminal liability to be effected against individuals whose acts do not possess the necessary degree of social danger. Examples of blanket provisions or those containing elements of moral judgement, which also create artificial grounds to prosecute individuals without justification, are also examined. The article concludes that the identified weaknesses in Criminal law regulation can only be remedied by adopting a new and modern Criminal Code, based on the ultima ratio principle.

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