Понятието длъжностно лице в наказателното право
The Concept of Official in the Criminal Law

Summary/Abstract: Subject of the article is the evolution of the concept of an official in Bulgarian Criminal law and its correspondence with the Constitutional system of the society and the state. The article analyses the practice of the Supreme Court and the Supreme Cassation Court of the republic of Bulgaria. On this basis some conclusions are made for its antinomy with the Constitution of 1991, the fact that it does not meet the requirements of the Council of Europe for the status of the civil servants (2000) and the basic principles of the sivil service (1997), also the fact that the concept official under the Art. 418 of the CL of 1896 , from which the concept official is borrowed, contains some advantages in the market economy. The concept of official in the Penal Code is not in line with the established by the Constitution private character of the cooperations and the public organisations, which do not perform public or state functions any more. It is not in line with the definition of in Art.93, para. 15 of the Penal Code HK (1997). In conclusion some proposals de lege ferenda are made for a new definition of the official and other amendments to the Penal Code.

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