Is There a Need for the Prevented Damages of
Extreme Necessity?

Ovcharov, Miroslav

Journal De Jure

“ST. CYRIL AND ST. METHODIUS” UNIVERSITY OF VELIKO TARNOVO - UNIVERSITY PRESS

Is There a Need for the Prevented Damages of Extreme Necessity?

Authors:

Miroslav Ovcharov St. Cyril and St. Methodius University of Veliko Tarnovo, Bulgaria

Pages: 286-293
DOI: https://doi.org/10.54664/EKYO9499

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.

Keywords:

extreme necessity, condition for application, a circumstance excluding public danger, criminal law