Traffic Crimes under Bulgarian Criminal Law

Abstract

In the present paper the problems related to the general description of traffic crimes under Bulgarian criminal law are subject of analysis. This is an attempt to explain the systematic place, the classification and the subject of this type of crime. Moreover, the paper aims to give a definition of traffic crimes. They are understood as constituting acts of public danger, which endanger or damage transport safety to a significant degree. Public relationships, related to transport safety, serve as their direct subject that is in particular the state of protecting road users (such as drivers, passengers, pedestrians as well as road workers) from the cause of damage to their life and health. Public relationships, which guarantee safety in the sphere of all types of mechanic transport, constitute the subject of traffic crimes. The specific features of these crimes stem from the understanding that transport is both useful and especially important activity for any society and at the same time it is a source of increased danger for the life, health and property of citizens. Objectives: the purpose of this paper is to explain in a clear and concise manner the concept of transport crime according to Bulgarian criminal law. Prior work: the findings in this paper form part of the authors Ph.D. thesis, which subject matter covers transport crimes under Bulgarian criminal law. The present paper reveals in a general manner some of the major characteristics of transport safety-related crimes. Approach: the paper provides an analysis of the criminal legislation currently in force in Bulgaria related to transport crimes. Results: provision of definition of transport crimes under Bulgarian criminal law and carrying out an analysis of their objective and subjective characteristics. Implications: since traffic crimes constitute acts of common danger, which affect public relationships related to the safety in transport and which are the source of increased danger, the legal provisions with regard to these crimes guarantee the life and health of individuals in the process of carrying out of any transport activity. Therefore the notion about these crimes has significant implications to the life and safety of any individual. Value: this survey constitutes a first attempt in Bulgarian criminal law theory to study in details transport safety by the object of traffic crime. In it for the first time that crimes related to transport are distinguished from traffic crimes in accordance with the findings out resulting from this study.