The Beginning of Attempt in Bulgarian Criminal Law: Is it Possible to Precede the Executory Act?

Authors:

Pages: 298-307
DOI: https://doi.org/10.54664/GMKP7743

Abstract:

The article examines the initial moment of an attempt as defined by Bulgarian criminal law. The classical objective view, reflected in Article 18 (1) of the Criminal Code, links the attempt to the commencement of the executory act. Case law, however, shows that this approach does not always capture genuinely initiated criminal conduct. Courts recognize that attempt may also be present when acts preceding the executory act nevertheless create a real and imminent danger of the intended result occurring. The study proposes a dual criterion: the objective capacity of the act to cause the result and the emergence of a real and imminent danger. On this basis, the author suggests a de lege ferenda amendment of Article 18(1) to overcome the limitations of the notion of the executory act.

Keywords:

attempt, executory act, imminent danger, objective capacity.

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