Въздействие на принципите на наказателното право върху развитието на съвременното право
Impact of the Principles of Criminal Law on the Development of Modern Law

Author(s): Russi Alexiev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: principles of the criminal law; criminal law norms; assessment of the constitutionality; exemption from criminal liability
Summary/Abstract: The presentation advocates the position that the impact of the principles of the criminal law, regarding those characterizing our national criminal law as an independent legal branch, and also those related to the individual criminal law institutes, on the development of modern law is manifested in two directions – for the development of legislation as well as for the development of law enforcement. The presentation argues that the impact of the legal principles is manifested through the creation, amendment and repeal of criminal law norms and also in the assessment of the constitutionality of the current criminal law norms, carried out by the Constitutional Court of the Republic of Bulgaria. It is emphasized that precisely the principles of criminal law have been placed at the basis of the interpretation of criminal law carried out by the courts in order to ensure its correct and uniform application to all legal entities. The impact of the criminal law principles on law enforcement is illustrated by tracing the historical development of the institution of exemption from criminal liability by imposing an administrative penalty and the guidelines for overcoming the contradictory case law on the application of the institute.

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