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Is There a Need for the Prevented Damages of Extreme Necessity?
ISSN: 2367 - 8410
Publisher: author
Is There a Need for the Prevented Damages of Extreme Necessity?
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 3
Article Transparency Score: 2
Article Operation Score: 3
Article Articles Score: 2
Article Accessibility Score: 2
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: St. Cyril And St. Methodius University Press
International Journal Address (IAA):
IAA.ZONE/2367118358410
eISSN
:
2367 - 8410
VALID
ISSN Validator
Abstract
The article offers a brief substantive analysis of extreme necessity as a justifying circumstance under Bulgarian criminal law. In this sense, the normatively established requirements for legality of the act in case of extreme necessity are critically approached. The current regulation of extreme necessity is questioned in its part regarding the condition for success of the rescue act, which unreasonably limits its application and distinguishes it from other circumstances excluding public danger. On this basis, it is argued that de lege ferenda expands the scope of the institute by dropping the requirement for a successful outcome in Article 13 of the Bulgarian Criminal Code.
