Studia Iuris

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https://doi.uni-plovdiv.bg/handle/store/6
e-ISSN: 2367-5314

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Browsing Studia Iuris by Subject "act"

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    MOTIVE OF THE CRIMINAL ACT
    (Plovdiv University Press, 2025) Georgieva, Natalia
    This scientific article aims to explore the essence of the motive as a subjective element of the criminal act, which is not included in the content of guilt and to focus on the guidelines of its importance in criminal law. The theoretical foundations are laid out on the plane of the doctrine of crime and, through the dialectical method and the interdisciplinary approach, the questions about 1) Motive as a mental element of the criminal act; 2) The criminal law significance of the motive in determining the classification of the act and the punishment; 3) The comparative legal aspects between motive and purpose of the criminal act; 4) Classification of motives and criteria for their definition.
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    REFUSALS UNDER ARTICLE 174, PARAGRAPH 3 OF THE LAW ON ROAD TRAFFIC FOR A DRIVER TO UNDERGO A TEST FOR ALCOHOL AND/OR DRUGS IN THE BLOOD ARE TWO INDEPENDENT ADMINISTRATIVE OFFENCES, AND IN THIS CASE THE NORM UNDER ARTICLE 18 OF ZANN
    (Plovdiv University Press, 2025-11-25) Georgieva, Gergana
    This article analyzes the provisions of Article 174, Paragraph 3 of the Road Traffic Act and Interpretative Decision No. 13 dated December 20, 2021, issued by the Supreme Administrative Court. The study focuses on the key concepts of “administrative violation” and “administrative penalty,” as well as the general principle concerning the prohibition of accumulating administrative penalties. The article also examines opinions expressed by lawyers and judges on the matter, along with the dissenting opinion in the aforementioned interpretative decision.