Purpose as subjective element of the criminal offence Cover Image
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Целта като субективен елемент на престъпното деяние
Purpose as subjective element of the criminal offence

Author(s): Tsvetana Petrova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: CRIMINAL LAW // The article briefly presents the essence of purpose as a psychological category. What brings purpose into existence for the perpetrator is the pressure upon their mind to satisfy definite needs as well as achieve a desired result. Purpose also defines the course of the act and corresponds with the reasons, ways and means of acting and decision making. The manifestations of purpose in Penal Law fall into four groups. Purpose is considered as: 1. a component of the content of direct intent; 2. a separate item in the organisation of certain crimes; 3. a feature which is implied by the very nature of the crime or is defined by the law with the formula "in order to"; 4. a subjective element serving for the decriminalization of certain offences. The significance of purpose for Bulgarian Penal Law is stressed for each group. However, the article pays special attention to item 4 since decriminalization circumstances are referred to in the investigation of acting of an undercover officer within his powers. This is the most recent stipulation in the Bulgarian Criminal Code and the survey of some foreign legal systems proves that the institute of art.12b in the Bulgarian Penal Code needs a more detailed regulation.

  • Issue Year: LIII/2012
  • Issue No: 2
  • Page Range: 59-72
  • Page Count: 14
  • Language: Bulgarian