Circumstances excluding public danger and unlawfulness of the act


Circumstances excluding public danger and unlawfulness of the act (inevitable
 
defense, ultimate necessity, justified business risk).
 
Public danger of the act.
Substantial objective quality of the crime. In the absence of enough
disqualify as a crime - (ie, malice is an exclusionary circumstance
public danger). According to the Criminal Code, "the act that threatens or damages is socially dangerous
personality, citizens' rights, property, constitutional law established in the Constitution
The Republic of Bulgaria or other interests protected by law "
acts are divided into injuring and putting in danger (in formal is also possible, but that
is not part of the factual composition leading to punishment).
The public danger is different in character and degree. The different nature of the
 
public peril depends on the differences in public relations that are guarded by
the prohibition to commit one or other crime. Under degree of public danger
understands the severity of one or other act.
Opposition.
Legal expression of public danger. It is the property of the crime (but not everyone
offense is a crime). Only an act that is forbidden by law is
crime. Therefore, the disposition of criminal law rules, indicating the essential
signs of a kind of act prohibit its execution.
The legislator has foreseen certain circumstances that exclude public peril (and
unlawfulness) of the act:
Inevitable defense - is an act that has been committed "to defend itself from
directly unlawful attack state or public interests, the personality or
the rights of the defending person or of another by causing harm to the attacker within
the necessary boundaries. "There is no exceedance of the inevitable defense if the attack is
committed by violent or burglary in a home. "
However, if the protection exercised appears to be inconsistent with the nature (public relations) and
the danger (striker, manner, conditions) of the attack, there is an overrun of the limits
the inevitable defense that is punishable. The exception is the case when the overrun
the boundaries in question acted for fear or disturbance. One case is provided for such cases
personal grounds for the release of a criminal offender and is not required
 
punishment.
Ultimate necessity-exists when a person rescues state or public interests as well
personal property or property of imminent danger by committing an act of
which it could have saved those interests or goods, despite its prohibition, but with
the fact that the damages caused by the act are less significant than the ones prevented.
However, there is no urgency when avoiding danger constitutes a crime.
(Differences with inevitable defense: the danger may not be an attack, it may not be
unlawful human action has not begun; damage has not been inflicted on the attacker; from
it is not the intensity of the attack but the protected values, respectively. caused
the damage is less; it is necessary that there is no other exit / defense is not obliged to
runs /; some damage is subject to repairs; if it would meet both definitions, it is
inevitable defense. Differences with justifiable necessity: There may be no danger, it is not
permissible endangering of life, is obliged to comply with everything dependent on him to
prevent.)
Justified business risk - Damage to the pursuit of a goal to achieve
substantial results or to avoid significant damage. The risk is justified: it is not explicit
a statutory ban, responding to the latest scientific and technical achievements and experience,
the positive result is more likely than the damaging consequences, does not endanger her life
the health of others. The perpetrator has done everything in his power to prevent it
damage.
Detention of a criminal. A detained entity has committed a crime and a detained person can be anyone
 
subject. Damage is caused (without killing - the purpose is detention) and only to the detained at
detained. The detention is for the surrender of the authorities (in order not to escape) and
preventing the possibility of committing another crime. Detention is
urgently. The necessary and lawful measures must not be exceeded - in view of
the relationship between the public danger of the act and the circumstances of the detention
the absence of any other means of detention other than injury, lighter one. In (apparently)
Exceeding responsibility only in the sense of intent (Article 72 et seq., LMI - physical force, auxiliary
means and weapons are used only in the specified cases and to the extent and to the extent that it is absolute
it is, as a rule, not life-threatening action against non-violent criminals).
The actions of an undercover officer in the framework of his appointed rights
 


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Circumstances excluding public danger and unlawfulness of the act Circumstances excluding public danger and unlawfulness of the act