НЯКОИ ПРОЦЕСУАЛНИ ВЪПРОСИ ОТНОСНО НАКАЗАТЕЛНО ПРАВНАТА ЗАЩИТА НА СРЕДСТВАТА ОТ ФОНДОВЕ НА ЕВРОПЕЙСКИЯ СЪЮЗ

Abstract

This article is dealing with the procedural rules for investigation of crimes affecting the EU financial system. Attacks with such a specific subject are new to our penal law. However, investigations of abuse of EU funds should not create special difficulties, as though it comes to crimes related to the subject of violations that are generic objects. Native jurisprudence in the broadest sense is a very solid practice connected with crimes chl.201 chl.212-203 and CC. By ratifying, the Convention concerning the financial protection of the European Community is applied in Bulgaria introduced additional stock of crimes, and therefore be adopted and a number of other changes in laws and regulations (Law on financial management and control of public sector § 1 item 6, the Public Procurement Act and other). An introduction of this additional criminal law is a fact that could raise questions about the constitutionality of the extent of this protection. For the first time in the Criminal Code used terms such as "funds belonging to the European Union" or "funds available to the Bulgarian state of the European Union. Looking on constitutionality of protection of these funds to the EU under Article 17 paragraph 2 of the Constitution, property is divided into private and public. The composition of the crimes set out in Chapter Five of the Penal Code "Crimes against property" refers to the concept of 'foreign' - foreign property, foreign property, foreign Money and foreign values. Assets from the funds of the European Union or those granted such a Bulgarian EU country, are relevant to the subject matter of the offense in Chapter V of P Code "Crimes against property. Interpreting Article 17 paragraph 2 of the Constitution, European Union funds are public property. Constitution as fundamental law, which set the basic principles of state social control does not provide additional protection or priority in the protection of public property to private (article 17 paragraph 2 CRB). Such additional protection on the various property is governed by the Penal Code, which exalts the offenses of illegal encroachments on the property as a crime which protects against illegal activities the funds in this case.