Нови положения относно освобождаването на непълнолетни лица от наказателна отговорност
New provisions on the exemption of minors from criminal liability

Author(s): Yuliana Kovacheva
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: minors; criminal liability; changes to the Criminal Code
Summary/Abstract: The article is devoted to the amendments to Article 78a of the Criminal Code, which preserves the traditional prerequisites for exemption from criminal liability by imposing an administrative punishment and the possibility of applying this institution to minors. This means that in addition to the only form of release of minors from criminal liability under Article 66 of the Criminal Code - the imposition of educational measures by the court or by the local commission for combating antisocial behaviour of minors, a second form of release is introduced - the imposition of an administrative punishment. In practice, this raises the unresolved question of how the law enforcement authorities should proceed when the prerequisites for both types of release are present at the same time. Objections of principle and substance have been raised against the change in the Criminal Code. Following a comparative legal analysis of the two types of exemption from criminal liability for minors, the author doubts the effectiveness of the new provisions introduced in article 78 of the Criminal Code.

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