Some arguments in support of interpretative decision No. 112017 of the General Meeting of Criminal Chambers of the Supreme Court of Cassation (art. 78a, para. 7 in conj. with art. 325, para. 1 of the Criminal Code

Abstract

This is an article in support of the interpretative activity of the Supreme Court of Cassation of the Republic of Bulgaria. The article gives an interpretation of the provision of Art. 78a, para. 7 in fine Criminal Code, according to which the doer should not be released from criminal responsibility for actions carried out "with respect to an authority during or on the occasion of performance of his1her duties". It is argued that this provision is intended to provide criminal law protection to the governance-type (authority-related) relationships only, and not to any other social relationships. Therefore, in the cases of hooliganism under Art. 325, para. 1 of the Criminal Code (CC), where it was not committed along with an- other crime injuring upon governance-type social relationships, Art. 78a, para. 7 CC does not apply and the doer can be released from criminal responsibility.