Exemption from criminal liability of minors according to article 61 and article 78а of the penal code (pc) – competition and peculiarities in the application field

Mateeva Yuliana Mladenova, Dimitrova Ivayla Dimitrova


In the paper, the question is discussed of the application eld and peculiarities of the exemption from criminal liability of minors, together with applying instructive measures under article 61 of the PC and with the imposition of administrative penalties under article 78а of the PC. e question is raised of the choice of the more favour- able regime by the judicial bodies in the event of competition among norms, with a view to the peculiarities of the deed and the perpetrator in each specic case. e conclusion imposes itself that the coincidence in the application eld of the two institutes for specic hypotheses does not guarantee to a sucient extent the judicial security and the uni- form application of the law. Suggestions are made for a change of the institute under article 78а of the PC with a view to its application solely with respect to minors that turned 16. 

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