По въпроса за абсолютната неизбежна отбрана
On the Subject of Absolute Inevitable Defence

Summary/Abstract: The article provides a short historical review and a comprehensive analysis of absolute inevitable defence under Bulgarian criminal law. Support is given to the decision of our legislator to introduce into the currently operative Criminal Code the irrebuttable presumption of non-exceeding the limits of inevitable defence, which, according to the Constitution of the Republic of Bulgaria and the Convention on Protection of Human Rights and Fundamental Freedoms, as well as in principle, excludes the criminal responsibility of the person who is on the defensive. On the grounds thereof, it is proposed to have de lege ferenda extension of the scope of this institute by way of providing for one more hypothesis under Art. 12, para. 3 of the Criminal Code, through which the value of the defended object (the right to life) and the extreme danger of the attack (by two or more persons or with a fire arm) justify even the most severe form of defence.

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