Особени обстоятелства от значение за индивидуализацията на наказателната отговорност за престъпления, свързани с психическа принуда
Particular Circumstances Essential for the Individualization of Criminal Liability for Crimes Related to Mental Duress

Summary/Abstract: The article examines the circumstances that are essential for the individualization of the criminal liability of a person who has exercised mental duress, these circumstances arising from the very nature of the duress. The circumstances discussed include the specificity of the object of encroachment, the conduct that the person under duress is incited to, the conduct taken by him/her as a result of the duress exercised, the type of intention with which the duressor acts, the intention of the latter to carry into effect the threat through which he/she incites the person under duress, etc. This is a specific complex of circumstances that have their impact on the degree of danger posed to society by the deed and the doer, along with all those circumstances which do not depend on the type of the committed crime and are beyond the scope of the article. Consideration is also given to those circumstances which are erroneously regarded as mitigating or aggravating ones when determining the punishment of the person who has exercised the duress.

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