Дар или каквато и да е облага, която не се следва на длъжностното лице по чл. 301, ал. 1 НК
A Gift Or Any Other Undue Benefit To The Official Under Art. 301, Para. 1 Of The Criminal Code

Author(s): Darina Koseva
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Пловдивски университет »Паисий Хилендарски«
Summary/Abstract: The object of passive bribery under Art. 301, para. 1 of the Criminal Code is defined in the disposition of the legal norm as a gift or any undue benefit’ to the official. The analysis of the provision under Art. 301, para. 1 of the Criminal Code presupposes conclusions regarding the specifics of the object of passive bribery – the gift is considered a bribe, which is different from the benefit. Unlike the gift, the benefit is subject to a regulatory requirement to be undue, and it is defined as ‘any’ benefit (both material and immaterial in nature). The development of technologies and the diversity of immaterial benefits in the modern world pose a number of challenges to those interpreting and applying the legal framework on bribery – the lack of clear criteria for distinguishing a gift from a benefit, the difficulty in determining the monetary value of immaterial benefits, the issue of their suitability, the hypothesis of accepting such benefits, the impossibility of confiscating im-material benefits under Art. 307a of the Criminal Code, and the inability of such benefits to serve as revealing circumstances of an act under Art. 301, para. 1 of the Criminal Code.

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