Damages Caused to Other Persons by Undercover Agent and the Question about the Illegality in the Tort Liability Cover Image
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Увреждане на други лица от служител под прикритие и въпросът за противоправността при деликтната отговорност
Damages Caused to Other Persons by Undercover Agent and the Question about the Illegality in the Tort Liability

Author(s): Polya Goleva
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: Tort; undercover agent; illegal; crime; delict; compensation

Summary/Abstract: The Bulgarian legislation – Аrt. 12b of the Penal Code declares the actions of the undercover agent for not dangerous. It is not a crime, despite it fulfills the characteristic of a crime. The activity of the agent under covering is useful and in accordance with the law. The article researches the question, whether the activity is illegal and if it leads to a delict liability, when it causes damages to the controlled person or other persons. Is there an illegal tort in this case? The author makes the conclusion, that the delict of the agent under covering and the liability of the state toward third damaged persons arise if there are breaches of legal dispositions, which have their place in the special statutes and which regulate the conditions and the order under which the activity of the agent under covering occurs. The general prohibition neminem laedere has not been applicable and it is derogated by Art. 2(1) p. 7 of the Act about the liability of the state and the municipalities for damages.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 12-21
  • Page Count: 10
  • Language: Bulgarian