Принудата като изключващо вината обстоятелство

Резюме

 The article deals with the legal effects of duress in Bulgarian criminal law. The object of analysis is the provision of Art. 16a of the Bulgarian Criminal Code, which exculpates the victims of human trafficking, when they commit a crime in connection with their status of victims. The more general question of the legal effect of duress is discussed in the light of the other grounds for exculpation. On the basis of a short comparison with other legal systems and the relevant provisions of the Rome Statute a conclusion is made, that under Bulgarian criminal law duress should not be considered a separate exculpation ground. The content of Art. 16a of the Criminal Code is inconsistent with the spirit of the law and is contrary to Bulgarian legal tradition. Its effect can be achieved with the implementation of Art. 13 of the Bulgarian Criminal Code, which regulates necessity.