The Provisions of Art. 242. Para. 7 and 8 of Bulgarian Penal Code are Unconstitutional

Authors:

Pages: 39-47

Abstract:

Art. 242, Para. 7 and 8 provide forfeiture to the State on the subject of the aggravated contraband and the vehicles and transport equipment used for its commitment, even when they do not belong to the offender. This allows the possibility of restricting the property rights of the citizens who are not involved in the offense, which is contrary to the Constitution. These Criminal Code provisions exist unchanged from before the adoption of the 1991 Constitution and this determines some particularities in their application and the establishment of their unconstitutionality. It is recommended these provisions to be repealed.

Keywords:

qualified contraband; unconstitutional; property; forfeiture to the State; customs

Download

NA / Belgium / Bulgaria / China / Cote D'Ivoire / Europe / France / Germany / Hungary / Indonesia / Korea, Republic of / Luxembourg / Portugal / Romania / Russian Federation / Sweden / Turkey / Ukraine / United Kingdom / United States