Зa понятието „осъждане“ по чл. 85 НК и приложното поле на реабилитацията
The concept of a „conviction“ under Art. 85 of Criminal Code and the scope of rehabilitation

Summary/Abstract: The expose is focused on the analysis of the question of when a crime committer will be considered convicted within the meaning of Art. 85 of the Criminal Code, and which individuals are subject to rehabilitation within the meaning of Art. 86 -88a of the Criminal Code. The Bulgarian criminal legislation, unlike the laws of other countries, does not provide explicit legislative framework for such issues and they may only be answered by way of interpretation. The author is led by the idea that solving those questions contributes to better understanding of the legal nature of rehabilitation and clarifies the legal conviction status of a great number of convicted persons. The thesis maintained is that individuals may only be treated as convicted, within the meaning of Art. 85 of the Criminal Code, if there is a judgment of conviction rendered against them, which convicted them of criminal offence and inflicted them the respective punishments. According to the author, only those persons can be rehabilitated pursuant to Art. 86 - 88a of the Criminal Code. The persons found guilty of committing a crime who were not sentenced or who were released from criminal responsibility should not be considered convicted within the meaning of Art. 85 of the Criminal Code. Proposals are also submitted for amendment of the applicable legislation.

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