Murder Committed by an Official, a Representative of the Public or a Police Authority during or in Connection with the Performance of Their Duty or Function (Art. 116, Para. 1, Item 2 of the Criminal Code)

Authors:

Pages: 360-366
DOI: https://doi.org/10.54664/GBGG8464

Abstract:

The report examines the conceptual idea of another person being murdered by an official, a representative of the public or a police authority during or in connection with the performance of their duty or function. Attention is drawn to the features distinguishing the subject of the criminal act. A distinction has been made between different categories of officials and their position in public legal relationships. The figure of the representative of the public and the concept of its existence in the Bulgarian Criminal Code are also examined. Research has been conducted into the functions inherent in the work of the police authority. The additional conditions that must exist both objectively and subjectively in order to fulfil the specific criminal composition have been analyzed. A new distinction has been suggested between the concept of duty and that of function. When assessing the legal criteria for the use of coercive force by police officers and the possible consequences, a conclusion was reached for a change in the system of qualified cases of murder, which would increase the possibility of making better decisions on their part in specific situations.

Keywords:

official; representative of the public; police authority; murder; duty; function.

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