ОПРАВДАНИЯТ СТОПАНСКИ РИСК ПО БЪЛГАРСКОТО НАКАЗАТЕЛНО ПРАВО
THE JUSTIFIED ECONOMIC RISK UNDER THE BULGARIAN CRIMINAL LAW

Summary/Abstract: The Institute of Justified Economic Risk is entirely independent in the system of circumstances that exclude public danger and the unlawfulness of the act under Bulgarian criminal law. This conclusion is corroborated not only by the explicit legislative regulation created for him, but also by his comparison in substance with other justifying circumstances, such as the urgent need, unavoidable defense, damaging detention of the criminal and the act of an undercover officer, as well as by the mutual competition in their practical application. Therefore, its classification as a separate institute of our criminal law fully corresponds to its original legal character as a ground for exemption from criminal liability due to the lack of unlawfulness of the act. On the other hand, there is a significant need for change in its de lege lata regulation, which was justifiably proposed in the framework of the scientific study presented. The final purpose of this change is the regulation in the Bulgarian Penal Code of Justified Risk as a justifying circumstance with universal nature and common effect.

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