Принцип на субсидиарност на наказателната отговорност за предварителна престъпна дейност и изключения от него
Principle of Subsidiarity of Criminal Liability for Preliminary Offences and Exceptions Thereto

Author(s): Yanaki Yanakiev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: principle of subsidiarity; legal principle ne bis in idem; criminal law; criminal activity of multiple persons; preparation; necessary complicity
Summary/Abstract: The principle of subsidiarity is a manifestation of the fundamental legal principle ne bis in idem. In criminal law, it determines the punishability of the overall criminal activity and is reflected in a number of norms. Subsidiarity applies when two corpus delicti are in competition with each other. Such competition exists for the preliminary offences related to the primary ones, but has other aspects too. In these cases, criminal liability is borne for the subsidiary corpus delicti, insofar as the act does not fulfill the primary one. Preliminary offence is considered a gender term Including preparation, criminal activity of multiple persons, as well as other specific criminal acts. Preliminary offences constitutes a specific type of subsidiarity and are punishable in so far as the primary activity has not been carried out. This rule is not absolute, with exceptions related to joint preparation and necessary complicity.

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