IMPLEMENTATION OF THE LAW AS A JUSTIFYING CIRCUMSTANCE

Author

Miroslav Ovcharov

Annotation

The article presents a meaningful analysis of the implementation of the law as a justifying circumstance in an attempt to clarify its nature and its meaning in Bulgarian criminal law. The understanding imposed in our country on this institute as excluding the public danger ground has been substantiatedly rejected. Based on this, it is argued de lege ferenda the explicit normative settlement through a new paragraph 3 of art. 9 of the Penal Code of the implementation of the law as a circumstance excluding the criminal nature of the act in view of its legality.

Keywords

justifying circumstance; implementation of the law; penal code; non-criminal constituent acts;