Criminal Code (1968, lastly amended in September 2002) (excerpts)
Criminal Code
(1968)
(excerpts)
Legislationline: the text below is not a consolidated version of the Code. The latest amendments appear as formulated in the Law on Amendments to the Penal code published in the State Gazette on 27 September 2002. Titles of Chapters and Sections are missing.
[State Gazette Nos. 28/1982, 10/1993, 50/1995, 62/1997, lastly amended on 13 September 2003, State Gazette No 92/27.9. 2002]
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Article 53
(1) Notwithstanding the penal responsibility, confiscated in favour of the state shall be:
a) objects belonging to the convict, which were intended or have served for the perpetration of intentional crime;
b) objects belonging to the culprit, which were subject of intentional crime - in the cases expressly provided in the Special Part of this Code.
(2) Confiscated in favour of the state shall also be:
a) articles that have been subject or means of the crime, the possession of which is forbidden, and objects acquired through the crime, if they do not have to be returned or restored. Where the acquired objects are not available or have been disposed of, an equivalent amount shall be adjudged.
Chapter Two: CRIMES AGAINST THE PERSON
Section IV: Kidnapping and Unlawful Deprivation of Liberty
[amended - SG, No. 50/1995]
Article 142
(1) A person who kidnaps another person and unlawfully deprives him of liberty shall be punished by deprivation of liberty from one to six years.
(2) [As amended - SG, No. 62/1997] The punishment shall be deprivation of liberty from three to ten years if:
[New - SG, No. 50/1995]
1. the perpetrator has been armed;
2. the act has been committed by two or more persons;
3. the kidnapped person has been a pregnant woman or under 18 years of age;
4. the kidnapped person has been entitled to international protection;
5. the act has been perpetrated with regard to two or more persons.
6. the act has been perpetrated by a person engaged in security business, by an employee of an organisation carrying out security and insurance activities, by a person who acts on order of such an organisation or presents himself as acting on such order, by a person on the staff of the Ministry of Interior or a person who presents himself as such;
7. the kidnapping has been carried out for the purpose of taking the person over the borders of this country;
8. the act has been perpetrated by a person who participates in an organisation or a group under Article 321a, or who acts on orders of such an organisation or group.
(3) If as the result of the act under paragraphs (1) and (2) considerable harmful consequences have occurred, the punishment shall be deprivation of liberty for three to twelve years.
(4) If the act has been repeated or the kidnapped person has been treated with particular cruelty, the punishment shall be deprivation of liberty for five to fifteen years.
Article 142a
[amended - SG, Nos. 50/1995, 62/1997]
(1) A person who unlawfully deprives another of liberty shall be punished by deprivation of liberty for up to two years.
(2) (As amended - SG, Nos. 62/1997) Where the act has been committed by an official or by a representative of the public, in violation of his duties or functions, or a person under Article 142, paragraph (2), items 6 and 8, the punishment shall be deprivation of liberty for one to six years.
(3) (New - SG, Nos. 62/1997) Where the act under the preceding paragraphs has been committed in respect of a pregnant woman, a minor or an underage person, the punishment shall be deprivation of liberty for three to ten years.
(4) (Former (3)) Where the act under the preceding paragraphs has been committed in a manner painful or dangerous to the health of the victim, or where the deprivation of liberty has continued for more than 48 hours, the punishment shall be deprivation of liberty for three to ten years.
(5) (Former (4)) The punishment under the preceding paragraph shall be imposed also on a person who consciously admits to or holds a healthy person at a health establishment for mentally ill persons.
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Article 152 (1) A person who has sexual intercourse with a person of the female sex:
1. who is deprived of the possibility of self-defence, and without her consent;
2. by compelling her thereto by force or threat;
3. by reducing her to a state of helplessness shall be punished for rape by deprivation of liberty for two to eight years.
4. The punishment for rape shall be imprisonment of ten to twenty years:
if the raped female is under fourteen years of age;
if grievous substantial injury has been inflicted;
if suicide has occurred in result;
if the offence committed is of exceptional gravity.
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Section VIII: Debauchery
Article 155
[amended - SG, Nos. 28/1982, 10/1993, 62/1997]
(1) A person who persuades a female to practising prostitution or acts as procurer or procuress for performance of acts of lewdness or sexual intercourse, shall be punished by deprivation of liberty for up to three years and by a fine of one hundred thousand up to six hundred thousand Bulgarian Leva.
(2) (As amended - SG, Nos. 10/1993, 62/1997) A person who systematically places at the disposal of different persons premises for sexual intercourse or for acts of lewdness shall be punished by deprivation of liberty for up to five years and by a fine of fifty thousand up to five hundred thousand Bulgarian Leva.
(3) (New - SG, No. 62/1997) For acts under the preceding paragraph the punishment shall be deprivation of liberty from one to six years and a fine of five hundred thousand to one million Bulgarian Leva, if the premises have been provided against payment or in the case of public advertisement for such purpose.
(4) (As amended - SG, No. 62/1997) For persons who involve minors into acts of debauchery the punishment shall be deprivation of liberty for two to eight years.
(5) (Former (4)) In the cases under the preceding paragraphs the court may also rule compulsory domicile.
Article 156
[amended - SG, Nos. 10/1993, 62/1997]
(1) A person who abducts a female for the purpose of her being placed at the disposal for acts of debauchery shall be punished by deprivation of liberty for up to ten years and by a fine of up to one million Bulgarian Leva.
(2) (New - SG, No. 62/1997) The punishment shall be deprivation of liberty for three to twelve years, if:
1. the abducted person is under 18 years of age;
2. the abducted person has been placed at disposal for acts of debauchery, or
3. the abduction has been carried out for the purpose of placing the person at disposal for acts of debauchery beyond the borders of this country.
Section IX: "Trafficking in persons"
Article 159a
1) Persons who select, transport, hide, or receive individuals or groups of persons for the purpose of using them for acts of debauchery, compulsory labour, removing their organs, or keeping them in forceful subordination, irrespective of their consent, shall be punished with imprisonment of one to eight years and a fine not exceeding eight thousand Levs.
2) Acts under paragraph 1 committed:
against persons under eighteen;
by using force or misleading the person;
by abduction or unlawful deprivation of liberty;
by taking advantage of a position of dependency;
by abuse of power;
by promising, giving, or receiving benefits
shall be punished with imprisonment of two to ten years and a fine not exceeding ten thousand Levs.
Article 159b
Persons who select, transport, hide, or receive individuals or groups of persons and take them across the frontiers of the country for the purposes specified under Article 159a, paragraph 1 shall be punished with imprisonment of three to eight years and a fine not exceeding ten thousand Levs.
In case the act under the preceding paragraph is committed under the conditions of Article 159a, paragraph 2 the punishment shall be imprisonment of five to ten years and a fine not exceeding fifteen thousand Levs.
Article 159c
When the act under the preceding Articles constitutes a case of dangerous recidivism or has been committed following an order or in implementation of a decision of an organized criminal group the punishment shall be five to fifteen years of imprisonment and a fine not exceeding twenty thousand Levs, whereas the court may also rule confiscation of part or the whole of the perpetrators property."
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Article 177 (2) A person who abducts a person of the female gender for the purpose of forcing her to enter into marriage, shall be punished by deprivation of liberty for up to three years, and if the victim is not of full age, the punishment shall be deprivation of liberty for up to five years.
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Article 255c.
[as amended on 13 September 2002, State Gazette No. 92/27.9.2002]
(1) Any person who while performing work for a legal person or sole trader, requires or accepts a gift or any benefit, to which he/she is not entitled, or accepts an offer or a promise for a gift or benefit in order to perform or fail to perform an action in breach of his/her obligations, while performing commercial activity, shall be punished by imprisonment of up to five years or a fine of up to 20 000 BGN shall be imposed.
Any person who, while performing commercial activity, offers, promises or gives a gift or any benefit to a person, who performs work for a legal person or for a sole trader in order to perform or fail to perform an action in breach of his/her obligations shall be punished by imprisonment of up to three years or a fine of up to 15 000 BGN shall be imposed.
The punishments under the previous Para. shall be also imposed in cases when with the consent of the person under Para. 1 the gift or the benefit have been offered, promised or given to somebody else.
Any person who intermediates for performing any of the acts under the previous Paragraphs if the act does not constitute graver crime shall be punished by imprisonment of up to one year and a fine of up to 5 000 BGN shall be imposed.
The chattels of the crime shall be confiscated for the benefit of the state, and if it is missing or alienated their equivalent value shall be ruled.
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Chapter Eight
CRIMES AGAINST ACTIVITIES OF STATE BODIES AND PUBLIC ORGANISATIONS
[New - SG, No. 62/1997]
Section I
Crimes Against the Governmental Order
Article 280
(1) A person who takes across the frontiers of this country individuals or groups of persons without permission from the respective authorities, or with permission but not through the points designated therefor, shall be punished by deprivation of liberty for one to six years and a fine of five hundred thousand to one million Bulgarian Leva.
(2) The punishment shall be deprivation of liberty from one to ten years, a fine of one million to three million Bulgarian Leva and confiscation of part of or the entire property of the perpetrator, if:
1. the person taken across the frontier is less than 16 years of age;
2. the person has been taken across the frontier without his/her knowledge;
3. the person taken across the frontier is not Bulgarian citizen;
4. a motor vehicle, an aircraft or another means of transportation has been used;
5. the crossing of the frontier has been organised by a group or organisation and has been carried out with the participation of an official, who has abused his official position.
(3) In the cases under paragraph (2), item 4, the means of transportation shall be appropriated by the state, if it was owned by the perpetrator.
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Article 301
§ 61. Amendments [on 13 September 2002, State Gazette No. 92/27.9.2002]
(1) Any official, who requests, or accepts a gift, or any benefit, which he is not due, or accepts an offer, or a promise for a gift or benefit, in order to perform, or fail to perform an act within his/her duties, or because he/she has performed, or failed to perform such an act, shall be punished for bribery by imprisonment for up to 6 years and a fine to 5000 BGN.
(2) If an official has committed an act under Para 1, in order to breach, or because has breached his/her duties, where such a breach does not constitute a crime, he/she shall be punished by imprisonment of up to 8 years, and a fine of up to 10000 BGN.
(3) If an official has committed an act under Para 1, in order to commit, or because has committed another crime in connection with his/her duties, the punishment shall be imprisonment of up to 10 years, and a fine of up to 15000 BGN.
2. New Para. 1 shall be created:
"(5) The punishment under Para 1 shall be imposed to a foreign official, who requests, or accepts bribe, or accepts an offer, or promise for a bribe."
§ 62. Amendments [13 September 2002, State Gazette No. 92/27.9.2002] shall be made to Article 302 as follows:
1. In item 1, after the words "responsible official" a comma shall be placed, and the words "including a judge, juror, prosecutor or investigator" shall be added.
In item 4:
In letter "a" after the word "years" a coma shall be placed, and the words " a fine of up to twenty thousand BGN" shall be added."
In letter "b" after the word "years" a comma shall be placed, and the words ‘a fine of up to twenty-five thousand BGN" shall be added.
§ 63. In Art. 302a, after the word "years " and the comma after it, the words "a fine of up to thirty thousand BGN" shall be added.
§ 64. Amendments [13 September 2002, State Gazette No. 92/27.9.2002] shall be made to Article 303 as follows:
"Art. 303. Having regard for the differences in the preceding articles, an official and a foreign official shall also be punished and where with their consent, the gift or material benefit have been proposed, promised, or given to a third person."
§ 65.Amendments [13 September 2002, State Gazette No. 92/27.9.2002] shall be made to Article 304 as follows:
"Art. 304 (1) Any person who proposes, promises or makes a gift or any other material benefit to an official so as to perform or fail to perform an official act in his/her official duties, or on account of having performed or failed to perform any such duty of service shall be punished by imprisonment of a term of up to six years, and a fine of up to five thousand BGN shall be imposed."
(2) If in connection with a bribe, the official has breached his/her duties, the punishment shall be imprisonment of up to eight years, and a fine of up to seven thousand BGN shall be imposed, if the breach does constitute a crime of a graver punishment".
(3) Punishment under Paragraph 1 shall also be imposed to any person who offers, promises, or gives a bribe to foreign official".
§ 66. Amendments [13 September 2002, State Gazette No. 92/27.9.2002] shall be made to Article 304a as follows:
"Article 304a. Any person who offers, promises, or gives a bribe to a high-ranking official, including a judge, juror, prosecutor or investigator shall be punished by imprisonment of up to ten years and a fine of up to fifteen thousand BGN."
§ 67. A new Article 304(b) shall be created [amendments on 13 September 2002, State Gazette No. 92/27.9.2002]:
"Article 304(b) (1) Any person who requests or accepts a gift or any benefit, to which he/she is not entitled, or accepts an offer, or promise for a gift, or benefit in order to exercise influence while taking a decision by a foreign official in reference to his/her job, shall be punished by imprisonment of up to 6 years, or a fine up to 5000BGN.
(2) Any person, who offers, promises or gives a gift or any benefit not due to another person, which claims that he/she can exercise influence under Para. 1 shall be punished by imprisonment of up to 3 years, or a fine of up to 3000 BGN."
§ 68. Article 305 shall be amended [13 September 2002, State Gazette No. 92/27.9.2002] as follows:
"Art. 305 (1) The punishments for bribery under the previous articles shall be imposed on an arbiter, or an expert witness, appointed by the court, institution, enterprise, or an organization, after having performed such acts in reference to their activity, as well as to that person, who offers, promises, or gives such a bribe.
(2) The punishments for bribery under the previous articles shall be imposed also to a defender or an attorney, while performing such acts in order to help to be decided in favour of the counter party, or to the detriment of the demandant a criminal, or civil case, as well as to that person, who offers, promises or gives such a bribe.
§ 69. Amendments [13 September 2002, State Gazette No. 92/27.9.2002] shall be made to Art. 305a as follows:
"Article 305a. Any person who acts as a mediator to the offences under the preceding articles and if this act does not constitute a graver crime shall be punished by imprisonment of up to three years and a fine of up to five thousand BGN."
§ 70. Amendments [13 September 2002, State Gazette No. 92/27.9.2002] shall be made to Art. 306 as follows:
"Article 306 Any person who has offered, promised or given a bribe, if he/she has been extorted by an official, arbiter or expert witness to do so and if he/she has immediately and voluntarily communicated the above circumstances to the competent authorities shall not be punished."
§ 71. In Art. 307a the words "the crime under articles 301 – 307" shall be substituted with the words "the crimes under this Section." [13 September 2002, State Gazette No. 92/27.9.2002]