'Necessity - national proceedings' in document 'Bulgaria - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section I -General Provisions

Article 13

(1) An act shall be considered not dangerous to society where committed by a person in situation of emergency - in order to save state or public interests, as well as personal or property rights belonging to him or to others, from immediate danger which the acting person could not possibly avert in another way, provided the damages caused by the act are less significant than those averted.

(2) There shall be no situation of emergency where the evading of danger itself constitutes a crime.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section I -General Provisions

Article 13a

(New, SG No. 28/1982)

(1) An act shall be considered not dangerous to society where committed under justified economic risk - in order to achieve substantial results for the benefit of society or to avoid considerable damages, provided it is not counter to explicit ban established by normative act, complies to the modern scientific and technical achievements and experience, does not endanger the life and health of another, and if the acting person has done everything within his capacity to avert the occurrence of the harmful consequences.

(2) In deciding the issue whether the risk was justified, taken into consideration must also be the correlation between the expected positive result and the eventual negative consequences, as well as the probability of their occurrence.