Criminal Code

 
Promulgated State Gazette No. 26/2.04.1968, effective 1.05.1968, corrected SG No. 29/12.04.1968, amended, SG No. 92/28.11.1969, amended and supplemented, SG No. 26/30.03.1973, supplemented, SG No. 27/3.04.1973, amended, SG No. 89/15.11.1974, effective 1.03.1975, amended and supplemented, SG No. 95/12.12.1975, amended, SG No. 3/11.01.1977, supplemented, SG No. 54/11.07.1978, No. 89/9.11.1979, amended and supplemented, SG No. 28/9.04.1982, effective 1.07.1982, corrected SG No. 31/20.04.1982, supplemented, SG No. 44/5.06.1984, amended and supplemented, SG No. 41/28.05.1985, supplemented, SG No. 79/11.10.1985, corrected SG No. 80/15.10.1985, amended and supplemented, SG No. 89/18.11.1986, corrected SG No. 90/21.11.1986, amended, SG No. 37/16.05.1989, effective 16.05.1989, No. 91/24.11.1989, effective 24.11.1989, No. 99/22.12.1989, effective 22.12.1989 supplemented, SG No. 10/2.02.1990, amended, SG No. 31/17.04.1990, amended and supplemented, SG No. 81/9.10.1990, effective 9.10.1990, No. 1/4.01.1991, No. 86/18.10.1991, corrected SG No. 90/1.11.1991, amended, SG No. 105/19.12.1991, supplemented, SG No. 54/3.07.1992, effective 3.07.1992, amended and supplemented, SG No. 10/5.02.1993, No. 50/1.06.1995, Decision No. 19/12.10.1995 of the Constitutional Court - SG No. 97/3.11.1995, supplemented, SG No. 102/21.11.1995, effective 21.01.1996, amended and supplemented, SG No. 107/17.12.1996, No. 62/5.08.1997, amended, SG No. 85/26.09.1997, Decision No. 19/21.11.1997 of the Constitutional Court - SG No. 120/16.12.1997, supplemented, SG No. 83/21.07.1998, amended and supplemented, SG No. 85/24.07.1998, supplemented, SG No. 132/10.11.1998, effective 1.01.1999, amended, SG No. 133/11.11.1998, amended and supplemented, SG No. 153/23.12.1998, No. 7/26.01.1999, amended, SG No. 51/4.06.1999, No. 81/14.09.1999, effective 15.12.1999, amended and supplemented, SG No. 21/17.03.2000, No. 51/23.06.2000, Decision No. 14/23.11.2000 of the Constitutional Court - SG No. 98/1.12.2000, supplemented, SG No. 41/24.04.2001, amended, SG No. 101/23.11.2001, No. 45/30.04.2002, amended and supplemented, SG No. 92/27.09.2002, No. 26/30.03.2004, SG No. 103/23.11.2004, effective 1.01.2005, SG No. 24/22.03.2005, SG No. 43/20.05.2005 effective 1.09.2005, amended, SG No. 76/20.09.2005, effective 1.01.2007, amended and supplemented, SG No. 86/28.10.2005, effective 29.04.2006, SG No. 88/4.11.2005, amended, SG No. 59/21.07.2006, effective as from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union - 1.01.2007, amended and supplemented, SG No. 75/12.09.2006, effective 13.10.2006, SG No. 102/19.12.2006, SG No. 38/11.05.2007, amended and supplemented, SG No. 57/13.07.2007, effective 13.07.2007, amended, SG No. 64/7.08.2007, supplemented, SG No. 85/23.10.2007, effective 23.10.2007, amended, SG No. 89/6.11.2007, supplemented, SG No. 94/16.11.2007, amended and supplemented, SG No. 19/22.02.2008, amended, SG No. 67/29.07.2008

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*Note: An update of the English text of this Act is being prepared

following the amendments in SG No. 102/28.11.2008

GENERAL PART

Chapter One
OBJECTIVE AND SCOPE OF APPLICATION OF THE CRIMINAL CODE

Section I
Objective of the Criminal code

Article 1

(1) (Amended, SG No. 1/1991) The objective of the Criminal code shall be to protect the person and rights of citizens and the whole legal order established in this country against criminal encroachments.

(2) For achievement of this objective the Criminal code shall determine which acts dangerous to society constitute crimes and what punishments shall be imposed for them, and shall specify the cases where instead of punishment measures for social influence and education may be imposed.

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Section II
 Scope of application of the Criminal code

Article 2

(1) To each crime applied shall be that law, which was in force at the time of its perpetration.

(2) If by the entry of the sentence into force different laws are issued, that law shall be applied which is most favourable for the perpetrator.

Article 3

(1) The Criminal code shall apply to all crimes committed on the territory of the Republic of Bulgaria.

(2) The issue of liability of foreign citizens who enjoy immunity with respect to the penal jurisdiction of the Republic of Bulgaria shall be decided in compliance with the norms of international law adopted thereby.

Article 4

(1) The Criminal code shall apply to the Bulgarian citizens also for crimes committed by them abroad.

(2) (Amended, SG No. 75/2006) No citizen of the Republic of Bulgaria can be transferred to another state or an international court of justice for the purposes of prosecution, unless this has been provided for in an international agreement, which has been ratified, published and entered into force in respect to the Republuc of Bulgaria.

Article 5

The Criminal code shall also apply to foreign citizens who have committed crimes of general nature abroad, whereby the interests of the Republic of Bulgaria or of Bulgarian citizens have been affected.

Article 6

(1) The Criminal code shall also apply to foreign citizens who have committed abroad crimes against peace and humanity, whereby the interests of another state or foreign citizens have been affected.

(2) The Criminal code shall also apply to other crimes committed by foreign citizens abroad, where this is stipulated in an international agreement, to which the Republic of Bulgaria is a party.

Article 7

In the cases of Articles 4 and 5 the pre-trial detention and the punishment served abroad shall be deducted. Where the two punishments are different in kind, the punishment served abroad shall be taken into consideration in determining the punishment by the court.

Article 8

The sentence of a foreign court for a crime to which the Bulgarian Criminal code is applicable shall be taken into consideration in the cases specified in an international agreement to which the Republic of Bulgaria is a party.

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Chapter Two
 CRIME

Section I
General Provisions

Article 9

(1) Crime shall be an act dangerous to society (action or inaction), which has been culpably committed and which has been declared punishable by law.

(2) Criminal shall not be an act which, although formally containing the elements of crime provided by law, because of its insignificance is not dangerous to society or its danger to society is obviously insignificant.

Article 10

(Amended, SG No. 50/1995)

Dangerous to society shall be an act which threatens or harms the person, the rights of the citizens, the property, the legal order established by the Constitution in the Republic of Bulgaria or other interests, protected by the legal system.

Article 11

(1) An act dangerous to society shall be considered culpably committed where it is intentional or committed through negligence.

(2) An act shall be considered intentional where its perpetrator was conscious its nature of dangerous to society, foresaw its consequences as dangerous to society and wished or allowed the occurrence of such consequences.

(3) An act shall be considered committed through negligence where the perpetrator did not foresee the occurrence of consequences dangerous to society, but was obliged to and could foresee them, or where he foresaw the occurrence of such consequences but intended to avert them.

(4) Acts committed through negligence shall be punishable only in the cases provided by law.

(5) Where the law qualifies an act as aggravated crime due to the occurrence of additional consequences dangerous to society, if no intent is required for such consequences the perpetrator shall be held responsible for aggravated crime where he has acted with negligence with regard to those consequences.

Article 12

(1) An act shall be considered not dangerous to society where it has been committed in situation of inevitable defence against immediate unlawful attack on state or public interests, on the person or the rights of the person defending himself or of another person, by inflicting harm on the attacker within the framework of the necessary limits.

(2) The limits of inevitable self-defence shall be considered exceeded where the defence obviously did not compare to the nature and danger of the attack.

(3) (New, SG No. 62/1997, amended, SG No. 120/1997, No. 75/2006) The limits of inevitable defence shall not be considered exceeded where the attack took place through violent penetration into premises or through violent housebreaking.

(4) (Amended, SG No. 28/1982, renumbered from Paragraph 3, SG No. 62/1997) The acting person shall not be punishable if he has committed the act of exceeding the limits of inevitable self-defence due to fright or confusion.

Article 12a

(New, SG No. 62/1997)

(1) It shall not be considered dangerous to society if damages are inflicted on a person who has committed a crime, where this occurs in the course of detention of such person for his/her delivery to the authorities and for prevention of opportunities for committing another crime, provided there is no other way to detain such person and provided the necessary lawful measures have not been exceeded.

(2) The necessary lawful measures for detention of a person who has committed a crime shall be considered exceeded in the case of obvious discrepancy between the nature and the degree of public danger of the crime committed by the person detained, and the circumstances of detention, as well as where obviously excessive damages are inflicted on the person without necessity. In such cases penal responsibility shall be sought only in the event of deliberately inflicted damages.

Article 13

(1) An act shall be considered not dangerous to society where committed by a person in situation of emergency - in order to save state or public interests, as well as personal or property rights belonging to him or to others, from immediate danger which the acting person could not possibly avert in another way, provided the damages caused by the act are less significant than those averted.

(2) There shall be no situation of emergency where the evading of danger itself constitutes a crime.

Article 13a

(New, SG No. 28/1982)

(1) An act shall be considered not dangerous to society where committed under justified economic risk - in order to achieve substantial results for the benefit of society or to avoid considerable damages, provided it is not counter to explicit ban established by normative act, complies to the modern scientific and technical achievements and experience, does not endanger the life and health of another, and if the acting person has done everything within his capacity to avert the occurrence of the harmful consequences.

(2) In deciding the issue whether the risk was justified, taken into consideration must also be the correlation between the expected positive result and the eventual negative consequences, as well as the probability of their occurrence.

Article 14

(1) The lack of knowledge of the factual circumstances, which belong to the elements of the crime, shall exclude the intentional nature of this crime.

(2) This rule shall apply also to acts committed through negligence, where the lack of knowledge itself of the factual circumstances was not due to negligence.

Article 15

An act shall be considered not culpably committed where the perpetrator was not obliged to or was unable to foresee the occurrence of the consequences dangerous to society (accidental act).

Article 16

An act shall be considered not culpably committed where perpetrated in fulfilment of unlawful official order given in the established manner, unless it imposes the commission of crime obvious to the perpetrator.

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Section II
Preparation and Attempt

Article 17

(1) Preparation shall be the getting ready of the means, the finding of accomplices and the creating of conditions in general for the perpetration of intended crime, before the commencement of its perpetration.

(2) Preparation shall be punishable only in the cases provided for by the law.

(3) The acting person shall not be punished where he has given up the perpetration of the crime of his own accord.

Article 18

(1) An attempt shall be the commenced perpetration of intentional crime, whereas the act has not been completed or, although completed, the consequences dangerous to society provided by the law and desired by the perpetrator have not occurred.

(2) For an attempt, the perpetrator shall be punished by the punishment provided for completed crime, with due consideration taken of the degree of implementation of the intent and the reasons because of which the crime remained unaccomplished.

(3) For an attempt, the perpetrator shall not be punished where of his own accord:

a) he has given up the completion of the crime, or

b) he has averted the occurrence of criminal consequences.

Article 19

In the cases of Article 17, paragraph (3), and Article 18, paragraph (3), if the act of preparation or attempt contained elements of another crime, the perpetrator shall be held liable for that crime.

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Section III
Complicity

Article 20

(1) Accomplices in the perpetration of intentional crime shall be: perpetrators, abettors and accessories.

(2) A perpetrator shall be a person who took part in the perpetration itself of the crime.

(3) An abettor shall be a person who intentionally incited another to commit a crime.

(4) An accessory shall be a person who intentionally facilitated the perpetration of a crime through advice, explanations, promises to render assistance after the act, removal of obstacles, supply of means or in any other way.

Article 21

(1) All accomplices shall be punished by the punishment provided for the perpetrated crime, with due consideration of the nature and degree of their participation.

(2) Abettors and accessories shall be held responsible only for what they have intentionally abetted or by what they have assisted the perpetrator.

(3) Where because of certain personal characteristics or attitude of the perpetrator the law treats the perpetrated act as a crime, liable for this crime shall be both the abettor and the accessory with respect of whom such circumstances do not exist.

(4) The special circumstances, due to which the law excludes, reduces or increases the punishment for some of the accomplices, shall not be taken into account for the remaining accomplices with respect to whom such circumstances do not exist.

Article 22

(1) The abettor and the accessory shall not be punished, if of their own accord they have given up further participation and hindered the perpetration of the act or averted the occurrence of criminal consequences.

(2) In such cases the provisions of Article 19 shall apply, respectively.

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Section IV
Multiple Crimes

Article 23

(1) If by one act several crimes have been committed, or if a person has committed several separate crimes before the issue of sentence that has entered into force for any of them, the court shall, after determining punishments for each crime separately, impose the most severe thereof.

(2) (Amended, SG No. 92/2002 - effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) Imposed punishments such as public censure and deprivation of rights under Article 37 (1), sub-paragraphs 6, 7 and 9, shall be added to the most severe punishment determined. Where deprivation of the same rights has been ruled, imposed shall be deprivation for the longest period of time.

(3) Where the punishments are different in kind and one of them is fine or confiscation, the court may add it entirely or in part to the most severe punishment.

Article 24

Where the punishments imposed are of the same kind, the court may increase the determined total most severe punishment by at most one half, but the punishment thus increased may not exceed neither the sum total of the separate punishments, nor the maximum extent provided for the respective kind of punishment.

Article 25

(1) The provisions of Articles 23 and 24 shall also apply where the person has been convicted with separate sentences.

(2) In such cases, if the punishment under any of the sentences has been served entirely or in part, it shall be deducted, provided it is of the same kind as the cumulated punishment determined to be served.

(3) (Amended, SG No. 103/2004) The service of a probation sentence shall be fully deductible from deprivation of liberty and vice versa, two days of probation counting as one day of deprivation of liberty.

(4) (New, SG No. 28/1982) Where under one or more of the sentences the person has been exempted from serving the imposed punishment pursuant to Article 64, paragraph (1), or to Article 66, the issue of serving the cumulative punishment shall be decided at the time of its determination.

Article 26

(Amended and supplemented, SG No. 28/1982, supplemented, SG

No. 10/1993, amended, SG No. 50/1995, SG No. 62/1997, SG No. 92/2002)

(1) Provisions of Articles 23 - 25 shall not apply to cases of undisrupted crime - a series of two or more acts, which, taken separately, would qualify under the same or under different sub headings of a specific crime, are committed over short periods of time, in similar surrounding circumstances, and are characterized with a homogenous form of guilt, the subsequent acts appearing, both objectively and subjectively - as regards guilt - a continuation of the preceding ones.

(2) In cases of undisrupted crime perpetrator shall be punished in accordance with constitutive acts thereof, taken as a whole, as well as in accordance with the overall criminal outcomes by them caused.

(3) Where separate acts qualify under different sub-headings of a specific crime, undisrupted crime shall be punished as provided for with regard to the aggravated act committed, consideration being had to the implications of the aggravated acts for the overall criminal activity, and to the aggravating circumstances proper.

(4) Where aggravating circumstances do not have significant impact in increasing the seriousness of overall criminal activity, it shall qualify under the privileged sub-heading of a specific crime, particular circumstances being reckoned with in determining the amount of punishment to serve.

(5) Where some of the acts have been completed, while others have ended at the stage of attempt, and the acts completed do not have significant impact in increasing the overall seriousness of criminal activity, perpetrator shall be punished as provided for attempted crime.

(6) Provisions of this article shall not apply to crimes committed against various citizens, qualifying as Crimes against the Person, nor shall they apply to crimes committed following submission of indictment to the courts, or to crimes committed prior to submission of indictment, which have not, however, been therein included.

Article 27

(1) (Amended, SG No. 28/1982) Where a person commits a crime after he has been sentenced to deprivation of liberty by sentence that has entered into force, but before serving this punishment, the court shall add to the unserved part, entirely or in part, the punishment of the second sentence, provided it is deprivation of liberty. The total punishment as determined may not be less than the punishment under the second sentence.

(2) (Supplemented, SG No. 28/1982) The punishment under the second sentence shall be added entirely if it is deprivation of liberty for more than five years or if it is imposed for repeated crime or crime constituting a case of dangerous recidivism.

(3) Where the person has committed a crime after serving the punishment imposed by the preceding sentence, the punishment imposed for this crime shall be served entirely.

Article 28

(1) The punishment for repeated crime provided in the special part of this Code shall be imposed, if the perpetrator has committed a crime after he has been convicted with sentence that has entered into force for another similar crime.

(2) This provision shall also apply to cases of crimes of one and the same kind against public and personal property.

Article 29

(1) The more severe punishments provided in the special part of this Code for crimes which constitute dangerous recidivism, shall be imposed where the perpetrator:

a) (amended, SG No. 28/1982) commits the crime after he has been convicted for grave intentional crime to deprivation of liberty for not less than one year, and the serving of the punishment has not been suspended pursuant to Article 66;

b) (amended, SG No. 28/1982) has committed the crime after he has been convicted two or more times to deprivation of liberty for intentional crimes of general nature, provided at least for one of them the serving of the punishment has not been suspended under Article 66;

c) (repealed, SG No. 28/1982).

(2) In applying the provisions of the preceding paragraph the crimes committed by the perpetrator as a minor shall not be taken into consideration.

(3) (New, SG No. 95/1975) Where for a certain crime there are provisions for concurrent elements of crime as repeated perpetration and as dangerous recidivism and the act implements the characteristics of both elements, the provision for dangerous recidivism shall apply.

Article 30

(1) The provisions of Article 28 and 29 shall not be applied, if more than five years have elapsed since the serving of punishment under the preceding sentences. Rehabilitation within this period of time shall not exclude their application.

(2) (New, SG No. 28/1982) In the case of conditional sentence and in the case of conditional early release from prison (parole) the term as per paragraph (1) shall commence as from the date of the probation period expiration.

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Chapter Three
PENALLY RESPONSIBLE PERSONS

Article 31

(1) Penally responsible shall be any person of full age - who has completed 18 years of age, and who has perpetrated a crime in the state of being responsible for his acts.

(2) A minor - a person who has completed 14 years of age, but has not completed 18 years of age yet - shall be penally responsible if he was able to understand the nature and meaning of the act and to manage his actions.

(3) (Amended, SG No. 107/1996) Minors who cannot be considered culpable of their acts shall be admitted by a decision of the court to a correctional boarding school or to another appropriate establishment, should this be found necessary considering the circumstances of the case.

(4) With regard to the penal responsibility of minors, the special rules provided by this Code shall be applicable.

Article 32

(1) Underage persons who have not completed 14 years of age shall not be held penally responsible.

(2) With respect to minors who have committed socially dangerous acts, the relevant educational measures may be applied.

Article 33

(1) Penally responsible shall not be a person, who has acted in a state of insanity - where due to retarded mentality or derangement of his consciousness of prolonged or short duration, the person has not been able to understand the nature and meaning of the act or to manage his actions.

(2) (Amended, SG No. 95/1975) No punishment shall be imposed on a person who has committed a crime, where by the pronouncement of the sentence that person falls into a state of deranged consciousness, as a result of which he cannot understand the nature and meaning of his actions or manage them. Such a person shall be subject to punishment if he recovers his health.

Article 34

With regard to the persons mentioned in the preceding article, the relevant compulsory medical measures may be applied in the cases provided in this Code.

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Chapter Four
 PUNISHMENT

Section I
General Provisions

Article 35

(1) Penal responsibility is personal.

(2) A punishment may be imposed only on a person who has committed a crime provided for by the law.

(3) The punishment shall correspond to the crime.

(4) A punishment for a crime shall be imposed only by the established courts of law.

Article 36

(1) The punishment shall be imposed for the purpose of: 1) correcting and re-educating the convict to comply to the laws and rules of socialist community, 2) exerting warning impact on him and depriving him of the possibility to commit other crimes, and 3) producing an educative and deterring effect on the other members of society.

(2) The punishment may not have as purpose the causing of physical suffering or crushing of human dignity.

(3) (New, SG No. 153/1998) There shall be no capital punishment in the Republic of Bulgaria.

Article 37

(1) Punishments shall be:

1) (new, SG No. 50/1995) life imprisonment;

1a) (renumbered from Item 1 - SG No. 50/1995) deprivation of liberty;

2) (new, SG No. 92/2002 - effective 1.01.2005, with respect to the punishment of probation - amended SG No. 26/2004, effective 1.01.2004) probation;

2a) (renumbered fro Item 2 - SG No. 92/2002, repealed, SG No. 103/2004);

3) confiscation of existing property;

4) a fine;

5) (repealed, SG No. 92/2002);

6) deprivation of the right to hold a certain state or public office;

7) deprivation of the right to exercise a certain vocation or activity;

8) (repealed, SG No. 92/2002);

9) deprivation of the right to receive orders, honorary titles and distinctions;

10) deprivation of military rank;

11) public censure.

(2) (Amended, SG No. 153/1998) For the gravest crimes which endanger the foundations of the Republic, as well as for other particularly dangerous deliberate crimes, life imprisonment without substitution shall be provided as provisional and exceptional measure.

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Section II
Kinds of Punishments

Article 38

(Amended and supplemented, SG No. 28/1982, amended, SG No. 153/1998)

(1) The punishment life imprisonment without substitution, provided in the Special Part hereof for a certain kind of crime, shall be imposed only if the specific crime committed was extremely grave and the purposes set forth in Article 36 hereof could not be attained by any milder punishment.

(2) Life imprisonment without substitution shall not be inflictable on any person who had not, at the time of committing the crime, turned twenty years of age, and with respect to servicemen, as well as in wartime - eighteen years of age. Life imprisonment without substitution shall not be inflictable also on a female, who was in the state of pregnancy at the time of perpetration of the crime or of pronouncement of the sentence.

Article 38a

(New, SG No. 50/1995)

(1) Imprisonment for life shall be compulsory isolation of a convict for the remaining portion of the convict's life at penitentiary institutions for serving punishment by deprivation of liberty.

(2) Life imprisonment shall be inflicted where the crime committed is extremely grave.

(3) Imprisonment for life may be substituted for deprivation of liberty for a term of thirty years, provided the convict has served no less than twenty years.

(4) Work days shall not be counted during the serving of punishment by Imprisonment for life.

(5) The served punishment by life imprisonment shall be recognised as deprivation of liberty.

Article 39

(1) (Amended, SG No. 28/1982, SG No. 89/1986, 50/1995) Deprivation of liberty may be from three months to twenty years.

(2) (Supplemented, SG No. 95/1975, SG No. 28/1982, repealed, renumbered from Paragraph 3, amended, SG No. 89/1986, supplemented SG No. 50/1995, amended, SG No. 153/1998) By way of exception, the punishment by deprivation of liberty may be inflicted for a term of thirty years in the event of substitution of life imprisonment in case of multiple crimes as per Articles 24 and 27, paragraph (1) hereof, as well as for certain particularly grave intentional crimes in the cases specially stipulated for in the Special Part hereof.

Article 40

(1) (Amended, SG No. 28/1982, No. 75/2006) The punishment by deprivation of liberty shall be served in prisons and correctional establishments, as well as in the prison hostels attached to them.

(2) (Amended, SG No. 89/1986; repealed, SG No. 92/2002).

(3) Special care shall be taken of the young people of full age.

(4) (Supplemented, SG No. 75/2006) With respect to convicts with grave psychopath, or those suffering from mental derangement which does not exclude penal responsibility, as well as with respect to convicts dependent on narcotic substances, medical care shall be provided as appropriate.

Article 41

(1) The serving of punishment by deprivation of liberty shall be accompanied by appropriate, duly paid socially useful labour, for the purpose of re-education of the convicts and formation and upgrading of their vocational qualifications.

(2) Further to the above also other measures for education and training shall be applied.

(3) The labour performed shall be recognised as a way of diminishing the term of the punishment, two work days being recognised for three days of deprivation of liberty.

(4) (Supplemented, SG No. 28/1982, amended, SG No. 89/1986) Where the sentenced person in serving the punishment by deprivation of liberty systematically avoids doing socially useful work, commits deliberate crime, or grave offences of the established order and thereby shows that he does not correct himself, the court may revoke entirely or in part the recognition of his work days for the last two years prior to the perpetration of the last offence.

(5) (Repealed, renumbered from Paragraph 6, SG, No. 89/1986) The procedure and manner of serving the punishment by deprivation of liberty and the special care under paragraph (3) of Article 40, the payment of the labour of convicts, as well as their appointment to jobs after their release, shall be regulated by law.

(6) (Amended, SG No. 89/1974,renumbered from Paragraph 7, SG, No. 89/1986) The initial regime of serving punishment by deprivation of liberty shall be determined by the court in compliance with the provisions of this Code and the special law.

Article 42

(1) In time of war the military court may suspend to the end of military operations the serving of imposed punishment by deprivation of liberty, by sending the convict to the field army. The suspension of serving the punishment may be revoked, if the convict commits a new crime.

(2) At the proposal of his commander the court may, entirely or in part, exempt the convict sent to the field army, pursuant to paragraph (1), from serving the imposed punishment, if he proves to be good defender of the fatherland.

(3) The court may, even without the proposal of his commander, exempt the convict discharged from the field army due to invalidity, from serving the imposed punishment.

Article 42a

(New, SG No. 92/2002 - effective 1.01.2005 -

amended, SG No. 26/2004, effective 1.01.2004)

(1) (Amended, SG No. 103/2004) Probation is a system of non-custodial measures for control and intervention that shall be imposed separately or collectively.

(2) (Amended, SG No. 103/2004) Probation measures shall be:

1. Compulsory registration at the current address;

2. Mandatory regular appointments with a probation officer;

3. Restrictions on free movement;

4. (Amended, SG No. 75/2006) admission to vocational training courses, public intervention programmes;

5. Corrective labour;

6. Community service.

(3) (Amended, SG No. 103/2004) Probation measures shall have the following duration:

1. From 6 months to three years - with respect to the measures under para 2, items 1 - 4;

2. From three months to two years - with respect to corrective labour;

3. From 100 to 320 hours a year in no more than three consecutive years - with respect to community service.

(4) Measures under para 2, items 1 and 2 shall be mandatorily imposed on all offenders sentenced to probation, whereas measures under para 2, items 5 and 6 shall not be imposed on young persons who have not turned 16 years of age.

(5) Probation shall be served in pursuance of a procedure specified by law.

Article 42b

(New, SG No. 103/2004)

(1) The probation measure of compulsory registration at the current address shall consist in the reporting for signature of the sentenced offender before the probation officer or an official designated by him/her.

(2) The probation measure of mandatory regular appointments with a probation officer shall be implemented at the probation office within the territory of which the current address of the sentenced offender is. By exception these may take place at another appropriate location fixed by the probation officer where important reasons so require. Appointments shall be planned or extraordinary, at the request of the probation officer or the sentenced offender.

(3) The probation measure of restrictions on free movement shall consist in the imposition of one or more of the following prohibitions from:

1. Attending locations, areas, and establishments, as strictly specified in the sentence;

2. Leaving the populated area for more than 24 hours without permission from the probation officer or public prosecutor;

3. Leaving his/her residence during certain hours of the day or night.

(4) (Amended, SG No. 75/2006) The probation measure of admission to vocational training courses, public intervention programmes shall be aimed at ensuring the occupational integration or development of social habits of and skills for lawful behaviour in the sentenced offender.

(5) The probation measure of community service shall consist in labour furnished to the benefit of the public without any restrictions on the liberty of the sentenced offender.

Article 43

(Amended, SG No. 95/1975, amended and supplemented, SG No. 28/1982,

amended, SG No. 10/1993, SG No. 62/1997, SG No. 92/2002, SG No. 103/2004)

(1) The probation measure of corrective labour shall be implemented at the workplace of the sentenced offender and shall consist in deductions to the benefit of the state from his/her remuneration, amounting to between 10 and 25 percent. The service duration of this measure shall not count toward the overall length of service.

(2) Where a sentenced offender loses his/her work, the court shall substitute the remaining duration of corrective labour for community service, one day of the remaining duration being equal to one hour of community service. In this hypothesis the duration of community service may go below the minimum set under Article 42a, para 3, item 3.

(3) The provision of para 2 shall also apply where the sentenced offender leaves the workplace where he/she serves the above sentence and where he/she fails, within one month therefrom, to notify the probation officer of his/her new workplace.

(4) The time during which deductions under para 1 above are not paid in, shall not count toward the service period of the probation measure of corrective labour.

Article 43a

(New, SG No. 103/2004)

If the sentenced offender fails, without a valid reason, to serve the probations measure imposed on him/her, at the proposal of the competent Probation Board the court may:

1. Rule the imposition of another probation measure;

2. Substitute probation, fully or partially, for deprivation of liberty; in such hypotheses the duration of deprivation of liberty may go below the minimum under Article 39, para 1.

Article 44

(1) Confiscation shall be compulsory appropriation without compensation of property in favour of the state, of assets belonging to the convict or of part thereof, of specified pieces of property of the culprit, or of parts of such pieces of property.

(2) (Supplemented, SG No. 28/1982, repealed - No. 62/1997)

Article 45

(1) Confiscation shall not be ordered if the culprit does not possess available property which could be subject to such punishment.

(2) Subject to confiscation may not be the objects needed by the convict and his family for personal and family use, the objects necessary for the exercise of his vocation specified in a list approved by the Council of Ministers, as well as means for support of his family for one year.

Article 46

In case of confiscation the state shall be liable to the amount of the value of the confiscated property for compensation of the damages caused by the crime, an after that for the debts of the convict formed by the time of initiation of the penal proceedings, where his remaining personal property is not enough for compensation of the damages and payment of the debts.

Article 47

(1) (Amended, SG. No. 28/1982, SG No. 10/1993, SG No. 92/2002) The fine shall correspond to the property status, the income and family obligations of the perpetrator, and in determining the fine the provisions of Chapter Five shall also be applied. The fine may not be less than BGN one hundred.

(2) The fine shall be collected from the estate left by the convict, and also after his death, if the sentence has entered into force before that.

(3) Objects which are not subject to confiscation may not be sold for compulsory collection of the fine.

Article 48

(Supplemented, SG No. 28/1982, repealed, SG No. 92/2002, effective

1.01.2005 - amended SG No. 26/2004, effective 1.01.2004)

Article 49

(1) (Amended, SG No. 92/2002 - effective 1.01.2005, with respect to the punishment of probation, amended SG No. 26/2004, effective 1.01.2004) The punishment by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7, where imposed separately or with another punishment, not connected to deprivation of liberty, shall be pronounced for a specified term of up to three years within the limits established in the special part of this Code.

(2) (Supplemented, SG No. 54/1978) Where the deprivation of such rights is imposed together with deprivation of liberty, its term may exceed the term of the latter by at most three years, unless otherwise provided in the Special Part of this Code.

(3) The term shall commence as from the entry of the sentence into force, but the convict may not avail himself of the rights of which he has been deprived prior to completion of the punishment by deprivation of liberty.

(4) The term of deprivation of rights shall be reduced by the period of time for reduction of the term of deprivation of liberty due to remission, work or deduction of period of preliminary detention.

(5) (Amended, SG No. 153/1998) A person sentenced to life without substitution shall be deprived of the rights set forth in the sentence for good.

Article 50

(1) The punishment by deprivation of the right to hold a certain state or public office and deprivation of the right to exercise a certain vocation or activity shall be imposed in the cases provided by the law, if holding the respective office or exercising the respective vocation or activity is incompatible with the nature of the committed crime.

(2) (New, SG No. 28/1982; repealed, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004)

(3) (Renumbered from Paragraph 2 SG, No. 28/1982) The punishment by deprivation of right to be awarded orders, honorary titles and distinctions and deprivation of military rank may be imposed only in convictions for grave crimes.

Article 51

After the expiry of the term, the convict shall be able again to exercise the rights of which he was deprived by the sentence. This shall not apply to the rights under Article 37 (1), sub-paragraphs 9 and 10, which may be acquired anew only by the procedure established therefor.

Article 52

The punishment of public censure consists in public denouncement of the culprit, which shall be made known to the respective work collective, through the press or in another appropriate manner, in accordance with the instructions given in the sentence.

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) (New, SG No. 28/1982) 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

b) 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.

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Chapter Five
METING OUT OF PUNISHMENTS

Article 54

(1) The court shall mete out punishments within the limits provided by law for the crime committed, guided by the provisions of the general part of this Code and taking into consideration the following:

the degree of social danger of the act and the perpetrator,

the motives for crime perpetration, and other attenuating or aggravating circumstances.

(2) The attenuating circumstances shall condition the infliction of a milder punishment, and the aggravating ones of a severer punishment.

Article 55

(1) In case of exceptional or of a great number of attenuating circumstances, where even the mildest punishment provided by law proves disproportionately severe, the court:

1. shall fix a punishment under the lowest limit;

2. shall substitute:

a) (amended, SG No. 153/1998) life imprisonment for deprivation of liberty for a term from fifteen to twenty years;

b) (amended, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997, amended and supplemented, SG No. 92/2002 - effective 1.01.2005, with respect to the punishment of probation, amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) deprivation of liberty, where the lowest limit has not been specified - for probation, and with respect to minors - for probation or public censure;

c) (amended, SG Nos. No. 28/1982, SG No. 10/1993, SG No. 62/1997, SG No. 92/2002, SG No. 103/2004) probation - for a fine BGN of one hundred (100) up to five hundred (500)

(2) In the cases of sub-paragraph 1 of the preceding paragraph where the punishment is a fine, the court may specify punishment under the lowest limit by one half at most.

(3) In such cases the court may not impose the lesser punishment provided by law along with punishment by deprivation of liberty.

(4) (Repealed, SG No. 28/1982).

Article 56

The circumstances considered by law in defining the respective crime shall not be attenuating and aggravating circumstances.

Article 57

(1) Where the Special Part of this Code provides possibility to impose one punishment from a choice of two or more punishments for the perpetrated crime, the court shall determine the most appropriate punishment, in kind and measure, guided by the rules of the preceding articles.

(2) Where the Special Part of this Code provides possibility to impose concurrently two or more punishments for a certain crime, the court shall, guided by the rules of the preceding articles, determine the extent of each punishment so that they shall, in their totality, comply to the objectives set forth under Article 36.

Article 58

The court may also apply the provisions of Article 55 in the following cases:

a) in the case of attempt - due to the non-completion of the crime, considering also the circumstances under Article 18, paragraph (2);

b) in the case of accessory - where the extent of the perpetrator's participation in the crime is small.

Article 59

(1) (Amended, SG No. 92/2002 - effective 1.01.2005 with respect to the punishment of probation, amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) The time period of detention or home arrest of the convict shall be deducted from the period of serving the punishment of deprivation of liberty or probation. Where the punishment imposed is probation, one day of detention on remand or home arrest shall count as two days.

(2) (New, SG No. 28/1982) The provision of the preceding paragraph shall also be applied where the convict has been detained under charges for another crime, the proceedings for which were terminated or ended by sentence of acquittal, if the provision of Article 23, paragraph (1) may be applied with respect to the acts.

(3) (New, SG No. 28/1982, amended, SG No. 103/2004) In serving of punishment by deprivation of liberty under Article 37, para 1, items 6 and 7 (1), deducted shall be the time during which the convict has been deprived of the possibility to exercise such rights by administrative order.

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Chapter Six
SPECIAL RULES FOR UNDERAGE PERSONS

Article 60

Punishment shall be imposed on underage persons above all with the objective to re-educate and prepare them for socially useful work.

Article 61

(1) (Amended, SG No. 89/1986, No. 75/2006) With respect to an underage person who has committed a crime carried away by circumstances or because of thoughtlessness, which does not constitute great social danger, the prosecutor may decide to abstain from instigating pre-trial proceedings or to terminate the instigated proceedings, and the court may decide not to have him brought to court or not to have him tried, provided with regard to him educative measures can successfully be applied pursuant to the Control of Juvenile Anti-Social Behaviour Act.

(2) In such cases the court itself may impose an educative measure, informing thereof the local Commission Against Anti-Social Acts of Minors and Underage Persons, or forwarding thereto the court file for imposition of such a measure.

(3) (Amended, SG No. 89/1986, SG No. 107/1996, SG No. 26/2004, No. 75/2006) Where the prosecutor decides not to institute pre-trial proceedings or to put an end to pre-trial proceedings which have been formed, he shall send the case-file to the Commission, which shall impose a measure of education.

Article 62

Imposed on underage persons may be only the following punishments:

1) deprivation of liberty;

1a) (new, SG No. 92/2002 - effective 1.01.2005 with respect to the punishment of probation - amended SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) probation;

2) public censure;

3) (amended, SG No. 103/2004) deprivation of the right to exercise certain vocation or activity under Article 37. para 1, sub-paragraph 7.

Article 63

(1) For underage persons the punishments provided in the Special Part of this Code shall be substituted as follows:

1) (supplemented, SG No. 50/1995, amended, SG No. 153/1998) life imprisonment without substitution and life imprisonment - for deprivation of liberty for a term of from three up to ten years;

2) deprivation of liberty for more than ten years - for deprivation of liberty for a term of up to five years;

3) deprivation of liberty for more than five years - for deprivation of liberty for a term of up to three years;

4) deprivation of liberty for a term of up to five years inclusive - for deprivation of liberty for a term of up to two years, but not more than as provided by the law;

5) (amended, SG No. 92/2002 - effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004, No. 75/2006) fine - for public censure;

6) (new, SG No. 92/2002 - effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004) probation for juveniles below 16 years of age - for public censure.

(2) (Amended, SG No. 28/1982) For underage persons who have turned sixteen years of age, the punishments provided in the Special Part of this Code shall be substituted as follows:

1) (supplemented, SG No. 50/1995, amended, SG No. 153/1998) life imprisonment without substitution and deprivation of liberty for more than fifteen years - for deprivation of liberty for a term of five to twelve years;

2) deprivation of liberty for more than ten years - for deprivation of liberty for a term of two to eight years.

(3) (Amended, SG No. 28/1982) Within the limits of the preceding paragraphs, the court shall determine the punishment in compliance with the provisions of Chapter Five hereof.

Article 64

(1) (Amended, SG No. 107/1996) Where the punishment as determined is deprivation of liberty for less than one (1) year and its serving has not been suspended pursuant to Article 66, the underage convict shall be exempted from serving it and the court shall assign him to a correctional boarding school or shall impose on him another educational corrections measure provided by the Control of Juvenile Anti-Social Behaviour Act.

(2) (Amended, SG No. 107/1996) Upon the proposal of the prosecutor or the respective local Commission Against Anti-Social Acts of Minors and Underage Persons, the court may also, after pronouncement of the sentence, substitute the commission to a correctional boarding school for another educational corrective measure.

(3) The rule of paragraph (1) shall not apply: a) where the underage convict has committed a crime during the serving of punishment by deprivation of liberty, and b) where he has been convicted after completing full age.

(4) The rule of paragraph (1) shall not be applied also in cases of second conviction, provided the court finds that for the correction and re- education of the perpetrator it is necessary for him to serve the sentence of deprivation of liberty and where: a) the term is not less than six months, or b) the perpetrator has already served a punishment by deprivation of liberty.

Article 65

(1) Before reaching full age underage persons shall serve punishments by deprivation of liberty in reformatory establishments.

(2) (Amended, SG No. 75/2006) After reaching full age they shall be transferred to prison or prison hostel. In view of completing their education or vocational training, upon the proposal of the Pedagogical Council and with permission of the prosecutor, they may be admitted to reformatory establishment until completion of twenty years of age.

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Chapter Seven
EXEMPTION FROM SERVING
AN IMPOSED PUNISHMENT

Section I
Conditional Sentencing

Article 66

(1) (Amended, SG No. 28/1982, corrected, SG No. 31/1982, amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) Where the court imposes punishment by deprivation of liberty for up to three years, it may suspend the serving of the imposed punishment for a period of three to five years, provided the person has not been sentenced to deprivation of liberty for a crime of general nature and if the court finds that for the purpose of achievement of the objectives of the punishment, and above all for correction of the convict it is not imperative for him to serve the punishment.

(2) (Amended, SG No. 92/2002, effective 1.01.2005, - amended, SG No. 26/2004, effective 1.01.2004) The term of probation may not exceed the term of the imposed punishment by deprivation of liberty by more than three years.

(3) (Repealed, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004)

(4) (New, SG No. 28/1982, supplemented, SG No. 75/2006) The convict shall be obliged to work or study during the probation period, unless he has the obligation to undergo medical treatment.

Article 67

(1) Where the court suspends the serving of punishment, it may assign to the respective public organisation or labour collective, with their consent, the task to devote educational care with respect to the convict during the probation period.

(2) Where there is no such consent, or where the court finds it necessary, it shall entrust to a specified person the educational care for the conditionally sentenced person. If the convict has his place of residence in another inhabited place, such person shall be appointed by the respective district court.

(3) (New, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01..2004) Where the sentence suspended is to deprivation of liberty for a period not lesser than six months, the court may impose probation for the testing provided for in the sentence.

(4) (New, SG No. 28/1982, repealed, renumbered from Paragraph 3, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) Where the court suspends the serving of punishment with regards to an underage person, the court shall inform the respective local Commission, which shall organise the educational care.

(5) (Amended, SG No. 95/1975) The overall control over the educational care and the conduct of conditionally sentenced persons shall be exercised by the District Court at their place of residence.

(6) (Renumbered from Paragraph 5, SG No. 28/1982) The procedure and manner of application of the provisions of the preceding paragraphs shall be regulated by law.

Article 68

(1) If by the expiry of the probation period fixed by the court the sentenced person commits another intentional crime of general nature, for which punishment by deprivation of liberty is imposed on him even after the above period, that person shall serve also the suspended sentence.

(2) If the sentenced person commits a crime through negligence, pursuant to the provisions of paragraph (1), the court may rule the suspended punishment not to be served, or to be served fully or in part.

(3) (Amended, SG No. 28/1982, SG No. 92/2002, effective 1.01.2005, amended - SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) If a conditionally sentenced offender fails, without valid reason, to comply with any of the probation measures pursuant to Article 67, paragraph (3) imposed on him, at the proposal of the Probation Board the court may substitute it for another or shall rule that person to serve fully or partially the suspended punishment of deprivation of liberty.

(4) (New, SG No. 75/2006) Where a conditionally sentenced offender, in the absence of a valid reason, interrupts treatment, the court shall order full service of the suspended sentence to imprisonment.

(5) (Amended, SG No. 28/1982, renumbered from Paragraph 4, SG No. 75/2006) Except in the cases under the preceding paragraphs, a suspended punishment shall not be served.

Article 69

(1) With regard to a person conditionally sentenced for a crime committed while he was underage, the probation period shall be from one to three years.

(2) With regard to such a person, in cases under paragraph (1) of the preceding Article the court may order that he shall be exempted, fully or in part, from serving the suspended punishment.

Article 69a

(New, SG No. 28/1982, amended, SG No. 103/2004, No. 75/2006)

In the cases under Article 68, paragraphs (2), (3) and (5) and Article 69, paragraph (2), if the sentenced person commits a new public-prosecution crime during the probation period, for which punishment by deprivation of liberty is imposed thereon, or still fails, without valid reason, to comply with any of the probation measures under Article 67, para 3 imposed on him, he shall serve the remaining part of the punishment.

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Section II
 Early Release

Article 70

(1) (Amended, SG No. 153/1998, supplemented, SG No. 103/2004) The court may rule supervised early conditional release from service of the remaining part of deprivation of liberty or probation with respect to a sentenced offender who has given proof of his correction by good conduct and honest attitude towards labour, and has in fact served no less than half of the sentence.

(2) (Amended, SG No. 92/2002) The provisions of paragraph 1 shall also apply to individuals convicted of crimes qualifying as dangerous recidivism, where not less than two thirds of the sentence imposed have been actually served in fact, and the remainder of the punishment to serve is not more than three years.

(3) Conditional early release shall not be allowed for a second time, unless the perpetrator was rehabilitated for the crime to which conditional early release has been applied.

(4) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) Conditional early release affects also the term of punishments by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7.

(5) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) In granting conditional early release, the court may also release the sentenced person from serving the punishment by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 or 7.

(6) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004, supplemented, SG No. 103/2004) In case of conditional early release, a testing period shall be established for the convict for a term equal to the unserved part of the punishment, but not less than six months, throughout which the court may impose probation, taking into account a report from the probation officer.

(7) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) An early released person shall serve separately also the unserved part of the punishment, if within the testing period he commits a new intentional crime, for which punishment by deprivation of liberty is provided or fails to comply with probation imposed. Should the early released person commit within that period a crime through negligence, the court may rule the suspended punishment not be served, or to be served fully or in part.

(8) (Corrected, SG No. 29/1968) In the cases under the preceding paragraph the sentenced person shall serve the full punishment of which he has been released pursuant to paragraph (5) of this Article.

(9) The term for rehabilitation under Article 86 in case of conditional early release shall commence as from the expiry of the probation period.

Article 71

(1) The court may release early an underage person sentenced to deprivation of liberty, if he has corrected himself, after having actually served not less than one third of the punishment imposed.

(2) With respect to a person sentenced for a crime committed by him when he was under age, after reaching full age the provisions of Article 70 shall be applied with regard to the effect of early release.

Article 72

(Repealed, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004,

effectgive 1.01.2004)

Article 73

(1) (Amended, SG No. 75/2006) With respect to those early released, the court shall assign the organisation of supervision and educational care for them during the probation period to the respective Commission, and for the underage persons - to the respective local Commission Against Anti-Social Acts of Minors and Underage Persons.

(2) Where necessary, the court shall assign the supervision and educational care to a specified public organisation with the consent of the latter or to a certain person, and shall inform thereof the Supervisory or Local Commission.

(3) General control and guidance with respect to the educational care and conduct of early released persons shall be implemented by the District Court of their place of residence.

(4) The procedure and manner of applying the provisions of the preceding paragraphs shall be regulated by law.

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Section III
Pardon

Article 74

(Supplemented, SG No. 75/2006)

The President may, by granting pardon, exempt from serving the entire or part of the imposed punishment, and in the case of capital punishment, life imprisonment without the right of substitution, and life imprisonment - to grant pardon, or to substitute it for another punishment.

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Chapter Eight
RELEASE FROM PENAL RESPONSIBILITY

Section I
(Repealed - No. 62/1997)
Conditional Release from Penal Responsibility
 by Placing under Social Warranty

Article 75

(Amended, SG No. 28/1982, repealed, SG No. 62/1997)

Article 76

(Amended, SG No. 28/1982, repealed, SG No. 62/1997)

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Section II
(Repealed, SG No. 105/1991)
Release from Penal Responsibility with Imposition
of Measures for Social Impact by the Comrades' Court

Article 77

(Repealed, SG No. 105/1991)

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Section III
Release from Penal Responsibility of Underage
 Persons with Application of Educational Measures

Article 78

In the cases indicated in Article 61 the underage person may be released from penal responsibility by applying an appropriate educational measure.

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Section IV
(New, SG No. 28/1982)

Release from Penal Responsibility with Imposing

of Administrative Punishment

Article 78a

(New, SG No. 28/1982)

(1) (Amended, SG No. 10/1993, SG No. 62/1997, SG No. 21/2000, No. 75/2006) A person of full legal age shall be released from penal responsibility by the court, whereas the punishment imposed on him shall be a fine from BGN 500 to BGN 5,000 where the following conditions are concurrently available:

a) (amended, SG No. 86/2005) for such crime punishment by deprivation of liberty for up to three years or another milder punishment is provided, if committed intentionally, or deprivation of liberty for up to five years or another milder punishment, if committed through negligence;

b) the perpetrator has not been sentenced for a common crime and has not been previously released from penal responsibility pursuant to this Section; and

c) the damages to property, which have been caused by the crime, have been restored.

(2) (Repealed, SG No. 21/2000).

(3) (Repealed, SG No. 21/2000).

(4) The court which imposes a fine under paragraph (1), may also impose administrative punishment by deprivation of the right to practice a certain vocation or activity for up to three years, if deprivation of such right has been provided for the respective crime.

(5) Where for the crime committed a fine only, or a fine and another milder punishment have been provided, the administrative punishment may not exceed the amount of such fine.

(6)(New, SG No. 86/2005, amended, SG No. 75/2006) Paragraphs 1 - 5 shall not apply where a severe bodily injury or death were inflicted, where the perpetrator had been intoxicated, as well as in the presence of a multitude of crimes.

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Section V
(New, SG No. 28/1982, repealed, SG No. 62/1997)
 Determining the Type of Release from Penal Responsibility

Article 78b

(Repealed, SG No. 62/1997)

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Chapter Nine
 LAPSE OF PENAL PROSECUTION AND OF IMPOSED PUNISHMENT

Article 79

(1) Penal prosecution and the serving of punishment shall be excluded:

1. where the perpetrator has died;

2. where the term of statutory prescription has expired;

3. where an amnesty has followed.

(2) Not excluded by prescription shall be the penal prosecution and the serving of punishment with respect to crimes against peace and humanity.

Article 80

(1) Penal prosecution shall be excluded by prescription where it has not been instigated in the course of:

1. (amended, SG No. 31/1990, SG No. 153/1998) twenty years in respect of acts punishable by life imprisonment without substitution or life imprisonment, and 35 years in respect of a murder of two or more persons;

2. fifteen years with respect to acts punishable by deprivation of liberty for more than ten years;

3. ten years with respect to acts punishable by deprivation of liberty for more than three years;

4. (amended, SG No. 62/1997) five years in respect of acts punishable by deprivation of liberty for more than three years, and

5. two years in respect of all remaining cases.

(2) The prescription terms under the preceding paragraph for crimes committed by underage persons shall be determined after taking into consideration the substitution of punishments pursuant to Article 63.

(3) Prescription of prosecution shall commence as from the completion of the crime, in the case of attempt and preparation - as from the day of completion of the last action, and for continuous crimes as well as for crimes in progress - as from the moment of their termination.

Article 81

(1) Prescription shall be interrupted where the beginning or continuation of the penal prosecution depends upon the solution of some preliminary issues with judicial act that has entered into force.

(2) Prescription shall be interrupted by every act of the respective bodies undertaken for the purposes of prosecution, and only in respect of the person against whom the prosecution is directed. After completion of the act, whereby prescription was interrupted, a new prescription term shall commence.

(3) Notwithstanding the termination or interruption of prescription, penal proceedings shall be excluded provided a term has expired which exceeds by one half the term provided under the preceding Article.

Article 82

(1) The punishment imposed shall not be served where the following terms have elapsed:

1. (amended, SG No. 153/1998) twenty years, if the punishment was life imprisonment without substitution or life imprisonment;

2. fifteen years, if the punishment was deprivation of liberty for more than ten years;

3. ten years, if the punishment was deprivation of liberty from three to ten years;

4. five years, if the punishment was deprivation of liberty for less than three years, and

5. two years for all remaining cases.

(2) Prescription for enforcing a punishment shall start commence as from the day the sentence has entered into force, and with regard to punishment with suspended enforcement pursuant to Article 66 - as from the entry into force of the sentence or the court ruling under Article 68.

(3) Prescription shall be interrupted by any act undertaken by the respective bodies with regard to the convict for enforcement of the sentence. After the termination of the act whereby the prescription has been interrupted, a new prescription shall commence.

(4) Irrespective of the interruption and termination of prescription, the punishment shall not be enforced where a term has elapsed which exceeds the term provided in paragraph (1) by one half.

(5) (New, SG No. 28/1982) The provision of the preceding paragraph shall not be applied with respect to a fine, where enforcement proceedings have been started for its collection.

Article 83

An amnesty shall cancel the criminal nature of a certain kind of perpetrated acts or shall exempt from penal responsibility and from the consequences of conviction for certain crimes.

Article 84

(1) For crimes prosecuted on the grounds of complaint by the aggrieved party, penal prosecution shall not be instituted, even where the prescription has not expired, if no complaint has been lodged within six months as from the date on which the aggrieved party has come to knowledge of the committed crime.

(2) Where the aggrieved party has died before the expiry of the above term, the complaint may be lodged by his/hers heirs prior to the expiry of the term.

(3) For such crimes the punishment shall not be enforced, provided the complainant has not so requested prior to the beginning of its enforcement.

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Chapter Ten
REHABILITATION

Article 85

(1) Rehabilitation shall delete the conviction and shall revoke for the future the consequences ascribed by laws to the conviction itself, unless otherwise provided in certain aspects by law or decree.

(2) (New, SG No. 28/1982) The provision of the preceding paragraph shall not apply to persons convicted for crimes against peace and humanity.

Article 86

(1) Rehabilitation shall occur de jure in the following cases:

1. Where a person has been sentenced conditionally, provided during the probation period that person has not committed another crime for which he must serve the suspended punishment;

2. (Amended, SG No. 92/2002, effective 1.01.2005 in respect of the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) Where a person has been sentenced to deprivation of liberty for up to three years, or to probation, provided in the course of three years following the expiry of the term of punishment imposed by the sentence or decreased by work or by pardon, no other crime punishable by deprivation of liberty or by more severe punishment has been committed by that person;

3. Where a person has been sentenced, jointly or severally, to a fine, public censure or deprivation of rights, provided in the course of one year following the enforcement of the punishment that person has not committed another crime of general nature, and

4. Where a person has been sentenced as a minor, provided in the course of two years following the serving of the punishment that person has not committed another crime of general nature for which punishment by deprivation of liberty has been imposed on him.

(2) (Amended, SG No. 28/1982) Rehabilitation de jure shall not occur for a crime committed by a person of full age, who has been rehabilitated once.

Article 87

(1) Apart from the cases under the preceding paragraph any sentenced person may be rehabilitated by the court which has issued the sentence as first instance, provided in the course of three years following the expiry of the term of the punishment imposed by the sentence or reduced by work or pardon, he has not committed another crime punishable by deprivation of liberty or more severe punishment:

1. if that person has had good conduct, and

2. if that person has compensated the damages in the case of deliberate crime.

(2) The court may rehabilitate the convict even where he has not compensated the damages, if there are good reasons therefor.

(3) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) Where together with the punishment by deprivation of liberty also punishment by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7 or probation has been imposed, the term of such punishment must have expired in order to rule on rehabilitation. Where a fine has been imposed, it must have been paid.

Article 88

Rehabilitation may also be requested by the heirs of the convict after his death, provided he has been entitled to it.

Article 88a

(New, SG No. 28/1982)

(1) (Supplemented, SG No. 89/1986) Where after the serving of the punishment a term has expired equal to that under Article 82, paragraph (1), and the convicted person has not committed new deliberate crime of general nature for punishment by deprivation of liberty is provided, the sentencing and the consequences thereof shall be deleted notwithstanding the provisions of other laws or decrees.

(2) Where the punishment imposed is deprivation of liberty for more than one year and the person has not been exempted from serving it pursuant to Article 66, the term under paragraph (1) may not be less than ten years.

(3) In the case of conditional sentencing and conditional early release the term under paragraph (1) shall commence as from the date of expiry of the probation period.

(4) (New, SG No. 89/1986) Where the person has committed two or more crimes for which he has not been rehabilitated, the sentencing and the consequences thereof shall be deleted after the expiry of the terms provided for all sentences under the preceding paragraphs.

(5) (Renumbered from Paragraph 4, SG No. 89/1986) The provisions of the preceding paragraphs shall not be applied with regard to persons convicted for grave crimes against the People's Republic and for crimes against peace and humanity.

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Chapter Eleven
COMPULSORY MEDICAL MEASURES

Article 89

With regard to a person who has committed an act dangerous to society in a state of penal irresponsibility, or who has come to such a state before the pronouncement of the sentence or in the course of serving the punishment, the court may rule:

a) surrender of the person to his next-of-kin, provided they assume the obligation for his treatment under supervision by psycho-neurological dispensary;

b) compulsory treatment at ordinary psycho-neurological establishment;

c) compulsory treatment at special psychiatric hospital or at special ward in ordinary psycho-neurological establishment;

Article 90

(1) Compulsory treatment at an ordinary psycho-neurological establishment may be ruled by the court with regard to a mentally ill person, who, in view of his psychic condition and the nature of the perpetrated socially dangerous act, is in need of compulsory hospital care and treatment.

(2) Compulsory treatment at a special psychiatric hospital or in a special ward may be ruled by the court with regard to a mentally ill person, who, in view of his psychic condition and of the nature of the perpetrated socially dangerous act, is particularly dangerous to society and his next-of- kin. In these cases the person shall be held under strong supervision which excludes the possibility for him to commit a new act dangerous to society.

Article 91

(1) The termination or modification of the so ruled compulsory medical measures shall be decided by the court, should that be necessary due to changes in the status of the patient or by the needs of his treatment.

(2) In all cases, after the expiry of a six-month term following the admission of the person to hospital establishment, the court shall render a decision on the termination, continuation or substitution of the compulsory treatment.

Article 92

(1) Where the crime was committed by a person suffering from alcoholism, or another type of narcomania, the court may, along with the punishment, rule also compulsory treatment.

(2) Where punishment has been imposed without deprivation of liberty, compulsory treatment shall be implemented at medical establishments with special curative and working regime.

(3) The compulsory treatment of those sentenced to deprivation of liberty shall be effected during the serving of the punishment. The term for compulsory treatment shall be deducted from the term of deprivation of liberty.

(4) Where necessary, the court may rule that the treatment should continue also after the release of the sentenced person from the place of deprivation of liberty - at the medical establishments indicated in paragraph (2).

(5) The compulsory treatment may be terminated by the court, where its continuation is no longer necessary.

Additional Provision

Explanation of Certain Words

Article 93

(Amended, SG No. 28/1982, SG No. 10/1993, SG No. 50/1995,

SG No. 62/1997, SG No. 153/1998, SG No. 7/1999)

The words and expressions indicated below shall be construed for the purpose of this Code to mean the following:

1. "Official" shall be construed as any person assigned to carry out against remuneration or without pay, temporarily or permanently:

a) the duties of an office in a state institution, with the exception of persons who carry out activities relevant solely to material production;

b) (amended, SG No. 10/1993; supplemented SG No. 62/1997, SG No. 43/2005) management work and work related to safeguarding or managing property belonging to others in a state enterprise, co-operative, public organisation, another legal person or sole proprietor, as well as private notary and assistant-notary, private enforcement agent and assistant private enforcement agent.

2. (Amended, SG No. 92/2002) "Body of power" are the bodies of state power, the bodies of state government, the authorities of the judiciary, as well as the officials therein, who are entrusted to exercise ruling functions.

3. "Representative of the public" is a person appointed by a public organisation to exercise a specified function, on the basis of the law or another normative act.

4. (Supplemented SG No. 51/2000) "Public property" are the pieces of property of the state, the municipalities, the co-operatives, the public organisations and other legal persons, in which they participate.

5. "Official document" is a document issued in compliance with the established procedure and format by an official within the scope of his duties, or by a representative of the public within the range of functions entrusted to him.

6. "False document" is a document which has been given the appearance of representing specific written statement by another person, but not by the person who has actually made it.

7. (Supplemented, SG No. 50/1995, amended, SG No. 153/1998) "Grave crime" is any crime for which the law provides punishment by deprivation of liberty for more than five years, life imprisonment or life imprisonment without substitution.

8. "Particularly grave case" is that in which the crime perpetrated, in view of the harmful consequences that have occurred and of other aggravating circumstances, reveals extremely high degree of social danger of the act and the perpetrator.

9. "Minor case" is that in which the crime perpetrated, in view of the lack of or insignificance of the harmful consequences, or in view of other attenuating circumstances, constitutes a lower degree of social danger, as compared with ordinary crime cases of the respective kind.

10. "Next-of-kin" are the spouses, relatives in ascending or descending line (including adopted children and step children), brothers, sisters and their spouses, and collateral relatives up to the fourth degree.

11. "Time of war" is the time from the declaration of war or the actual commencement of military operations to the declaration for their termination.

12. (New, SG No. 28/1982) A crime is committed "by two or more persons" where in the perpetration itself at least two persons have taken part.

13. (New, SG No. 28/1982) International protection enjoy persons for whom such protection has been provided under international agreement, to which the Republic of Bulgaria is a party.

14. (New, SG No. 62/1997, amended SG No. 21/2000) "Taxes of large amount" shall be those exceeding BGN three thousand, and "taxes of particularly large amount" shall be those exceeding BGN twelve thousand.

15. (New, SG No. 7/1999) "A foreign official" shall be any person performing:

a) duties in a foreign country's office or agency;

b) functions assigned by a foreign country, inclusive of a foreign state-owned enterprise or organisation;

c) (supplemented, SG No. 92/2002) duties, assignments or tasks delegated by an international organisation, as well as holding office in an international parliamentary assembly or an international court of justice.

16. (New, SG No. 21/2000, repealed, SG No. 75/2006) .

17. (New, SG No. 21/2000; supplemented, SG No. 92/2002, repealed, SG No. 75/2006) .

18. (New, SG No. 21/2000; supplemented, SG No. 92/2002, repealed, SG No. 75/2006) .

19. (New, SG No. 21/2000, repealed, SG No. 75/2006) .

20. (New, SG No. 92/2002) An "organized criminal group" is the permanent structured association of three or more individuals intended for the agreed perpetration, inside the country or abroad, of crime punishable by deprivation of liberty of more than three years, through which a material benefit is sought. An association shall also be considered structured in the absence of any formal distribution of functions among its participants, duration of their involvement or any developed internal structure.

21. (New, SG No. 92/2002, amended, SG No. 38/2007) A "computerized system" is any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data.

22. (New, SG No. 92/2002, amended, SG No. 38/2007) "Computerized data" is any representation of facts, information or concepts in a form suitable for automatic processing, including computer programs.

23. (New, SG No. 92/2002) A "provider of computerized information services" is any individual or entity that provides opportunities for communication by means of a computer system or that processes or stores computer data with regard to the above communication service or its users.

24. (New, SG No. 92/2002, amended, SG No. 75/2006) An "instrument of payment" is a physical object, which allows, alone or in combination with any other means, the transfer of moneys or monetary values.

25. (New, SG No. 38/2007) "Computer network" is a group of interconnected computer systems or devices which allows the exchange of computer data.

26. (New, SG No. 38/2007) "Computer program" is a sequence of machine instructions which can make a computer system perform certain functions.

27. (New, SG No. 38/2007) "Computer virus" is a computer program which spreads itself automatically and against the will or without the knowledge of the persons using the computer systems and is intended for bringing computer systems or computer networks into an undesirable for the people using them state or for the occurrence of undesirable results.

28. (New, SG No. 38/2007) "Pornographic material" is an indecent, unacceptable or incompatible with the public moral material which depicts in an open manner a sexual conduct. Such a conduct shall be a conduct which expresses real or simulated sexual intercourses between persons from the same or the opposite sex, sodomy, masturbation, sexual sadism or masochism, or lascivious demonstration of the sexual organs of a person.

Special Provision

Article 94

The provisions of the General Part of this Code shall also apply to crimes envisaged in other laws.

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SPECIAL PART

 Chapter One
CRIMES AGAINST THE REPUBLIC

Section I
Treason

Article 95

(Supplemented, SG No. 50/1995, amended, SG No. 153/1998)

A person who, for the purpose of overthrowing, undermining or weakening the state power in the Republic, takes part in the perpetration of an attempt of coup for forceful seizure of power in the centre or locally, or in rebellion or armed uprising, shall be punished by deprivation of liberty from ten to twenty years, by life imprisonment or by life imprisonment without substitution.

Article 96

(1) (Supplemented, SG No. 41/1985, SG No. 50/1995, amended, SG No. 153/1998) A person who, for the purpose of undermining or weakening the state power in the Republic, or for the purpose of creating difficulties for the Republic, deprives of life a state or public figure, shall be punished by deprivation of liberty for twenty years, by life imprisonment or life imprisonment without substitution.

(2) A person who, for the same purpose causes severe bodily injury to such a person, shall be punished by deprivation of liberty for five to fifteen years.

(3) (New, SG no. 41/1985, supplemented, SG No. 50/1995,amended, SG No. 153/1998) A person who, for the purposes as per paragraph (1) above, causes through arson, explosive, flooding or any other generally dangerous act, the death of one or more persons, shall be punished by deprivation of liberty for fifteen to twenty years, by life imprisonment or by life imprisonment without substitution.

Article 97

(Supplemented, SG No. 50/1995, amended, SG No. 153/1998)

A person who, for the purpose indicated in the preceding article, commits a generally dangerous crime under Articles 349 or 350, shall be punished by deprivation of liberty for ten to twenty years, by life imprisonment or by life imprisonment without substitution.

Article 97a

(New, SG No. 41/1985)

(1) A person who, for the purpose under Article 96 holds someone as hostage, making the release of such person dependent upon the fulfilment of a certain condition by the state, by a state or public organisation, or by a third party, shall be punished by deprivation of liberty for three to ten years.

(2) Where in the cases of the preceding paragraph the perpetrator threatens that if the condition put by him fails to be fulfilled, he will cause the death or severe or medium bodily injury to the person he holds, the punishment shall be deprivation of liberty from five to fifteen years.

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Section II
Betrayal and Spying

Article 98

(1) A person who incites a foreign state or social group abroad to war or another hostile action against the Republic, shall be punished by deprivation of liberty for five to fifteen years.

(2) The same punishment shall be imposed on persons, who commit an act for the purpose of provoking war or other hostile action against the Republic.

Article 99

(1) (Supplemented, SG No. 50/1995, amended, SG No. 153/1998) A person who deprives of life a representative of a foreign state for the purpose of provoking war or international complications against the Republic, shall be punished by deprivation of liberty for ten to twenty years, by life imprisonment or by life imprisonment without substitution.

(2) For severe bodily injury on such a person for the same purpose, the punishment shall be deprivation of liberty for five to fifteen years.

Article 100

(1) (Supplemented, SG No. 50/1995, amended, SG No. 153/1998) A Bulgarian citizen who at a time of declared or started war joins of his own free will the ranks of the enemy army or armed groups, or takes part in hostile actions against the Republic, or defects to the side of the enemy in any form, shall be punished by deprivation of liberty for ten to twenty years, by life imprisonment or by life imprisonment without substitution.

(2) The same punishment shall also be imposed on a Bulgarian citizen who assists in any way a foreign state or social group abroad in the carrying out military or other hostile activities against the Republic.

Article 101

(1) A Bulgarian citizen who leaves the country or refuses to return to the country for the purpose of placing himself in service of a foreign state or a foreign organisation, in order to serve it to the detriment of the Republic, shall be punished by deprivation of liberty for three to ten years.

(2) If the act has been committed by a serviceman, the punishment shall be deprivation of liberty for five to fifteen years.

Article 102

(1) A person who, for the purpose of decreasing the defence capacity of the Republic, provokes rebellion or insubordination in the Bulgarian army, or desertion therefrom, or for the same purpose disorganises its preparedness or supplies, shall be punished by deprivation of liberty for five to fifteen years.

(2) (Supplemented, SG No. 50/1995, amended, SG No. 153/1998) If serious consequences have occurred in result of such act, or if it has been committed in wartime, the punishment shall be deprivation of liberty for ten to twenty years, life imprisonment or life imprisonment without substitution.

Article 103

(Supplemented, SG No. 75/2006)

A person who, in carrying out his duties of state office or commission to a foreign government or international organisation, conducts them deliberately to the detriment of the Republic, shall be punished by deprivation of liberty for ten to fifteen years, as well as by deprivation of rights under Article 37, Para 1, Items 6 and 9.

Article 104

(1) (Supplemented, SG No. 50/1995, amended, SG No. 153/1998, SG No. 26/2004) A person who reveals or collects information qualifying as a state secret for the purpose of revealing it to a foreign state or to a foreign organisation, shall be punished for spying by deprivation of liberty for ten to twenty years, by life imprisonment or by life imprisonment without substitution.

(2) If the perpetrator reveals of his own accord to the state authorities the committed crime, he shall be punished under attenuating circumstances.

(3) (Amended, SG Nos. 95/1975,SG No. 99/1989, SG No. 26/2004) Information qualifying as a state secret shall be determined by a law.

Article 105

(1) A person who places himself in service of a foreign state or a foreign organisation in order to serve it as a spy, if he has not committed an act under the preceding article, shall be punished by deprivation of liberty for five to fifteen years.

(2) The perpetrator shall not be punished if he voluntary reveals himself to the state authorities.

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Section III
 Diversion and Sabotage

Article 106

(Supplemented, SG No. 50/1995, amended, SG No. 153/1998)

Any person who, for the purpose of weakening the state power or of creating difficulties therefor, destroys or damages public buildings, construction projects, installations, equipment, transport vehicles or means of communication or other significant public property; shall be punished for diversion by deprivation of liberty for five to fifteen years, and in particularly grave cases - by deprivation of liberty for twenty years, by life imprisonment or by life imprisonment without substitution.

Article 107

A person who, for the purpose of weakening the state power, or of creating difficulties for it, disorganises or undermines industry, transport, agriculture, the monetary and credit system, other economic branches or separate economic enterprises, by making use of state institutions, economic enterprises or public organisations by hindering their activity or by failing to fulfil important economic tasks entrusted to him, shall be punished for sabotage by deprivation of liberty for three to ten years, and in particularly grave cases - by deprivation of liberty for five to fifteen years.

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Section IV
 Other Crimes
(Title amended, SG No. 99/1989)

Article 108

(Supplemented, SG No. 41/1985, amended, SG No. 99/1989, SG No. 10/1993)

(1) (Amended, SG No. 38/2007) A person who preaches fascist or another anti-democratic ideology or forceful change of the social and state order as established by the Constitution of the Republic of Bulgaria, shall be punished by deprivation of liberty for up to three years or a fine of up to BGN five thousand.

(2) (Amended, SG No. 38/2007) A person who in any way defames the coat of arms, the flag or the anthem of the Republic of Bulgaria, shall be punished by deprivation of liberty for up to two years or by a fine of up to BGN three thousand.

Article 108a

(New, SG No. 92/2002)

(1) Anyone who, in view of causing disturbance or fear among the population or of threatening, or forcing a competent authority, a representative of a public institution or of a foreign state or international organization to perform or omit part of his/her duties, commits a crime under art. 115, 128, art. 142, par. 1, art. 216, par. 1, art. 326, art. 330, par. 1, art. 333, art. 334, par. 1, art. 337, par. 1, art. 339, par. 1, art. 340, paras. 1 and 2, art. 341a, paras. 1 - 3, art. 341b, par. 1, art. 344, art. 347, par. 1, art. 348, art. 349, paras. 1 and 3, art. 350, par. 1, art. 352, par. 1, art. 354, par. 1, art. 356f, par. 1, art. 356h, shall be punished for terrorism by deprivation of liberty from five to fifteen years, and where death has been caused - by deprivation of liberty of up to thirty years, to life imprisonment or to life imprisonment less substitution.

(2) Anyone who, regardless of the specific mode of operation, directly or indirectly collects or provides means for accomplishing acts under par. 1, in full knowledge or based on the assumption these would be utilized to the above purposes, shall be punished by deprivation of liberty of three to fifteen years and a fine of up to BGN thirty thousand (30,000).

(3) The object under par. 2 above, that has been the focus of crime, shall be expropriated to the benefit of the State, and where this object may not be found or has been disposed of, payment of the equivalent sum in cash shall be ruled.

Article 109

(1) (Amended, SG No. 99/1989, SG No. 92/2002, No. 75/2006) A person who forms or leads an organisation or group, which has set itself the aim of committing crimes under the present Chapter, shall be punished by deprivation of liberty for up to twelve years, but not more than the punishment provided for the respective crime.

(2) (Amended, SG No. 92/2002, supplemented, SG No. 75/2006) A person who is a member of such an organisation or group shall be punished by deprivation of liberty for up to ten years, but not more than the punishment provided for the respective crime.

(3) (Supplemented, SG No. 95/1975, amended, SG No. 92/2002, supplemented, SG No. 75/2006) A participant in the organisation or group who, of his own accord gives himself up to the authorities and discloses all the information he/she has available about the organisation or group and thus considerably facilitates detection of, and collection of evidence with regard to, crimes by it committed under this Chapter, shall be punished in accordance with Article 55..

(4) (Amended, SG No. 92/2002, supplemented, SG No. 75/2006) A participant in the organisation or group who, of his own accord gives himself up to the authorities and reveals the existence of the organisation or group before this individual or the group has committed another crime under this Chapter, shall not be punished.

Article 110

(Amended, SG No. 99/1989, SG No. 92/2002)

For preparation of a crime under Articles 95, 96, 99, 106, 107, and 108a, s. 1, the punishment shall be deprivation of liberty for up to six years.

Article 111

(Repealed, SG No. 99/1989)

Article 112

(Amended, SG No. 41/1985, repealed, SG No. 99/1989)

Article 112a

(New, SG No. 41/1985, repealed, SG No. 99/1989)

Article 113

(Repealed, SG No. 99/1989)

ADDITIONAL PROVISIONS

Article 114

(1) (Amended, SG No. 28/1982, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) For crimes under this Chapter, the court may rule deprivation of rights under Article 37, para 1, sub-paragraphs 6 - 10.

(2) (Supplemented, SG No. 92/2002) For crimes under Articles 95 - 107, 108a, and 109, the court may rule confiscation of part or of the entire property of the convict.

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Chapter Two
 CRIMES AGAINST THE PERSON

Section I
Murder

Article 115

A person who deliberately kills another person shall be punished for murder by deprivation of liberty for ten to twenty years.

Article 116

(1) (Previous Article 116, SG No. 62/1997) For murder:

1. (supplemented, SG No. 28/1982, amended, SG No. 62/1997) of an official, of a representative of the public, as well as of a serviceman, including one of an allied or friendly state or army, during or in connection with the performance of his duty or function, or of a person enjoying international protection;

2. by an official, as well as by a representative of the public, by a person from the Police Force, during or in connection with the performance of his duty or function;

3. of father or mother, as well as of one's own son or daughter;

4. (amended, SG No. 62/1997) of a pregnant woman, of a minor or of more than one person;

5. of a person in helpless state;

6. in a way or by means dangerous for the life of many, in a particularly painful manner for the victim or with particular cruelty;

7. for a venal goal:

8. for the purpose of facilitating or concealing another crime;

9. performed with premeditation;

10. (new, SG No. 92/2002) committed by an individual acting at the orders or in implementing a decision of an organized criminal group;

11. (renumbered from Item 10, SG No. 92/2002) performed by hooligan motives, and

12. (renumbered from Item 11, SG No. 92/2002) representing a case of dangerous recidivism or performed by a person who has committed another intentional murder under the preceding or this article, for which no sentence has been pronounced,

(amended, SG No. 28/1982, supplemented, SG 50/1995, amended, SG No. 153/1998, SG No. 92/2002, effective 1.01.2005 in respect of the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) the punishment shall be deprivation of liberty for fifteen to twenty years, life imprisonment or life imprisonment without substitution.

(2) (New, SG No. 62/1997, amended, SG No. 153/1998, amended and supplemented, SG No. 103/2004, supplemented, SG No. 43/2005) For murder of a judge, prosecutor, examining magistrate, or a person from the staff of the Ministry of Interior, a public enforcement agent, a private enforcement agent or an assistant private enforcement agent, as well as of a Customs officer, a tax administration officer, an officer of the National Forestry Directorate, or an officer of the Ministry of Environment and Waters performing a control activity in the course of or in the event of carrying out his/her duties or functions, the punishment shall be deprivation of liberty for twenty to thirty years, life imprisonment or life imprisonment without substitution.

Article 117

(1) Preparation for murder under Articles 115 and 116 shall be punished by deprivation of liberty for up to three years.

(2) The same punishment shall also be imposed on a person who abets another person to murder.

Article 118

(Amended, SG No. 28/1982)

For murder committed in a state of strong vexation, provoked by the victim with violence, with a grave insult or slander or with another unlawful action, from which serious consequences have set in or could set in for the culprit or his next-of-kin, the punishment shall be: in the cases of Article 115 - deprivation of liberty for one to eight years, and in the cases under Article 116, sub-paragraphs 1 - 6 deprivation of liberty for three to ten years.

Article 119

For murder, committed by exceeding the limits of self-defence, the punishment shall be deprivation of liberty for up to five years.

Article 120

For murder committed by a mother on her offspring during the time of delivery or immediately thereafter, the punishment shall be deprivation of liberty for up to three years.

Article 121

For murder of a newly born offspring of monstrous appearance, the culpable parent shall be punished by deprivation of liberty for up to one year or by probation.

Article 122

(1) A person who causes the death of another through negligence shall be punished by deprivation of liberty for up to three years.

(2) If the death has been caused by firearms or by strong poisonous substance, or if death has been caused to two or more persons, the punishment shall be deprivation of liberty for up to five years.

Article 123

(1) A person who causes the death of another through ignorance or negligent performance of vocation or other legally regulated activity, constituting a source of major danger, shall be punished by deprivation of liberty for up to five years.

(2) A person who causes through negligence the death of another by actions referred to a vocation or activity under the preceding paragraph, which he does not have the right to exercise, shall be punished by deprivation of liberty for one to five years.

(3) If in the cases of the preceding paragraphs the perpetrator has been in a state of drunkenness, or if death has been caused to more than one person, the punishment shall be deprivation of liberty for three to eight years, and in particularly grave cases - deprivation of liberty for five to fifteen years.

(4) If the perpetrator after the act has done everything within his capacity to save the victim, the punishment shall be: under paragraphs (1) and (2) - deprivation of liberty for up to three years; under paragraph (3) - deprivation of liberty for up to five years, and in particularly grave cases - deprivation of liberty for three to ten years.

Article 124

(1) A person who through negligence causes the death of another, as the result of an intentionally inflicted bodily injury, shall be punished by deprivation of liberty for three to twelve years in cases of grave bodily injury, for two to eight years in case of medium bodily injury, and up to five years in case of trivial bodily injury.

(2) (New, SG No. 95/1975, amended, SG No. 28/1982, SG No. 89/1986) If the act under the preceding paragraph has been committed in a state of strong vexation, which has been provoked by the victim with violence, grave insult or slander, or with another unlawful action from which grave consequences have occurred or could occur for the culprit or his next-of-kin, the punishment shall be: in case of grave bodily injury - deprivation of liberty for up to five years; in case of medium bodily injury - deprivation of liberty for up to three years; in case of a trivial bodily injury - deprivation of liberty for up to two years.

(3) (New, SG No. 89/1986, amended, SG No. 92/2002, effective 1.01.2005, amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) If the bodily injury which caused the death represents a dangerous recidivism, the punishment shall be: in case of grave bodily injury - deprivation of liberty from five to fifteen years, and in case of medium bodily injury - deprivation of liberty from three to ten years.

(4) (New, SG No. 89/1896) Where the act under paragraphs (1) and (3) has been committed by exceeding the limits of self-defence, the punishment shall be: in case of grave bodily injury - deprivation of liberty up to five years, in case of medium bodily injury - deprivation of liberty up to four years, and in case of trivial bodily injury - deprivation of liberty up to two years.

Article 125

Not punishable shall be a mother who through negligence causes the death of her not fully delivered or just delivered offspring.

Article 126

(1) (Amended, SG No. 62/1997, No. 75/2006) A person who with the consent of a pregnant woman puts to death her foetus outside an accredited health establishment or in violation of the approved standards and rules of good medical practice, shall be punished by deprivation of liberty for up to five years.

(2) (Amended, SG No. 62/1997) If the offender has no higher medical education or has put to death the foetus of two or more women, the punishment shall be deprivation of liberty for up to eight years.

(3) (Amended, SG No. 62/1997) If the act under the preceding paragraphs has been committed for a second time, the punishment shall be deprivation of liberty for two to eight years.

(4) A pregnant woman shall not be held penally responsible under the preceding paragraphs, including for abetment and assistance.

(5) (Amended, SG No. 62/1997) If the putting to death of the foetus has been done without the consent of the pregnant woman, the punishment shall be deprivation of liberty for three to eight years.

(6) (Amended, SG No. 62/1997) If in the latter case the death of the pregnant woman has followed, the punishment shall be deprivation of liberty for five to twelve years.

Article 127

(1) A person who in any way has assisted or persuaded another to commit suicide, and such an act or even an attempt only has followed, shall be punished by deprivation of liberty for up to three years.

(2) For the same crime, committed with respect to a minor, or against a person, about whom the perpetrator has knowledge that he is incapable to manage his actions or that he does not understand the essence and meaning of the act, the punishment shall be deprivation of liberty for three to ten years.

(3) A person who through cruel treatment or systematic abasement of the dignity of a person who was in material or other dependency upon him, has lead him to suicide or to an attempt at suicide, having admitted it as possible, shall be punished by deprivation of liberty for two to eight years.

(4) If the act under the preceding paragraph has been committed through negligence, the punishment shall be deprivation of liberty for up to three years.

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Section II
 Bodily Injury

Article 128

(1) A person who inflicts on another severe bodily injury shall be punished by deprivation of liberty for three to ten years.

(2) A bodily injury shall be considered severe if it has caused: continuous disturbance of consciousness; permanent blindness of one or both eyes; permanent deafness; loss of speech, reproduction inability; disfigurement which causes permanent disturbance of the speech or of a sensory organ; loss of one kidney, the spleen or a lung lobe; loss or mutilation of a leg or an arm; permanent general health impairment, dangerous to life.

Article 129

(1) A person who inflicts on another medium bodily injury shall be punished by deprivation of liberty for up to five years.

(2) The bodily injury shall be considered medium if it has caused: permanent weakening of the eyesight or hearing; permanent disturbance of speech, difficulties of the movement of the extremities, the body or the neck, disturbance of the functions of the genital organs without causing reproductive incapacity; breaking of a jaw or knocking out of teeth, without which chewing or speech are impaired; disfigurement of the face or of other parts of the body; permanent impairment of health not dangerous to life or impairment of health temporarily dangerous to life; injuries which penetrate into the cranial, thoracic and abdominal cavities.

Article 130

(1) A person who inflicts on another impairment of health apart from the cases under Articles 128 and 129, shall be punished for trivial bodily injury by deprivation of liberty for up to two years or by corrective labour.

(2) (Amended, SG No. 28/1982, corrected, SG No. 31/1982, amended, SG No. 10/1993) For trivial bodily injury, manifested as causing of pain or suffering without impairment of health, the punishment shall be deprivation of liberty for up to six months or corrective labour or a fine from BGN one hundred to three hundred.

(3) If in the cases under the preceding paragraphs the victim has immediately reacted to the attacker by inflicting the same bodily injury, the court may exempt both of them from punishment.

Article 131

(Amended and supplemented, SG No. 95/1975, supplemented,

SG No. 28/1982)

(1) (Previous Article 131, SG No. 62/1997) For inflicting bodily injury:

1. (amended, SG No. 62/1997) to an official, a representative of the public, a serviceman, including such of an allied or friendly state or army, in the course of or in connection with the fulfilment of his duty or functions, or to a person enjoying international protection;

2. by an official, a representative of the public, a person from the Police Force in the course of or in connection with the fulfilment of his duty or function;

3. to a mother or to a father;

4. (supplemented, SG No. 62/1997) to a pregnant woman, a minor or to more than one person;

5. in a manner particularly painful for the victim;

6. by a person who has intentionally inflicted another severe or medium bodily injury under Articles 128 and 129 or under this article, for which no sentence has been pronounced;

7. for a second time, if the bodily injury is severe or medium;

8. (new, SG No. 92/2002) by a person acting at the orders or in implementing a decision of an organized criminal group;

9. (new, SG No. 92/2002) using means and ways dangerous to the life of many or with particular cruelty;

10. (new, SG No. 92/2002) with a venal goal in mind;

11. (new, SG No. 92/2002) in view of facilitating or concealing another criminal act;

12. (new, SG No. 92/2002) out of hooligan motives.

the punishment shall be deprivation of liberty: for three to twelve years for severe bodily injury; for one to five years for medium bodily injury; for up to three years for trivial bodily injury under Article 130, paragraph (1), and for up to one year or corrective labour under Article 130, paragraph (2).

(2) (New, SG No. 62/1997, amended and supplemented, SG No. 103/2004, supplemented, SG No. 43/2005) For bodily injury inflicted on a judge, prosecutor, examining magistrate, a person from the staff of the Ministry of Interior, a public enforcement agent, a private enforcement agent and an assistant private enforcement agent, as well as on a Customs officer, a tax administration officer, an officer of the National Forestry Directorate, or an officer of the Ministry of Environment and Waters performing a control activity in the course of or in the event of carrying out his/her duties or functions, the punishment shall be deprivation of liberty:

1. from five to fifteen years in the case of severe bodily injury;

2. from three to ten years in the case of medium bodily injury;

3. from one to five years in the case of trivial bodily injury under Article 130, paragraph (1);

4. up to three years in the case of trivial bodily injury under Article 130, paragraph (2).

Article 131a

(Previous Article 131 (2), SG No. 28/1982, amended, SG No. 89/1982,

92/2002, effective 1.01.2005 in respect of the punishment of

probation - amended, SG No. 26/2004, effective 1.01.2004, SG

No. 103/2004, SG No. 75/2006)

In cases of case of dangerous recidivism, the punishment shall be: for severe bodily injury - deprivation of liberty from five to twelve years, and for medium bodily injury - deprivation of liberty from three to eight years.

Article 132

(1) (Amended, SG No. 28/1982, supplemented, SG No. 89/1986) For a bodily injury, except in the cases under Article 131a, inflicted on another in a state of strong vexation, provoked by the victim with violence, grave insult, slander or another unlawful act, from which grave consequences have set in or could have set in for the perpetrator or his next-of-kin, the punishment shall be:

1. deprivation of liberty for up to three years for severe bodily injury;

2. deprivation of liberty for up to one year for medium bodily injury;

3. deprivation of liberty for three months or probation up to six months for trivial bodily injury under Article 130, paragraph (1);

4. (amended, SG No. 10/1993) probation of up to six months or a fine from BGN one hundred to three hundred under Article 130, paragraph (2).

(2) The punishments under the preceding paragraph shall also be imposed in the cases of inflicting bodily injury in exceeding the limits of self-defence.

Article 133

A person who inflicts on another through negligence severe or medium bodily injury shall be punished by deprivation of liberty for up to one year or by probation.

Article 134

(1) A person who inflicts on another severe or medium bodily injury through ignorance or negligent performance of a vocation or another legally regulated activity which are sources of greater danger, shall be punished:

1. by deprivation of liberty for up to three years for severe injury, and

2. by deprivation of liberty for up to two years or by corrective labour, for medium bodily injury.

(2) (Amended and supplemented, SG No. 74/2006) A person who, by negligence, inflicts to another severe or medium bodily injury through acts which fall in the category of vocation and activity under the preceding paragraph, which he has no right to practice, shall be punished for severe bodily injury by deprivation of liberty of up to five years, and in the case of medium bodily injury - by deprivation of liberty of up to three years.

(3) (Amended, SG No. 75/2006) If in the cases of the preceding paragraphs, the perpetrator has been in a state of drunkenness or if injury has been inflicted on more than one person, the punishment shall be deprivation of liberty for one to six years for severe bodily injury, and deprivation of liberty for up to five years for medium bodily injury.

(4) If the perpetrator after the act has done everything in his capacity to render help to the victim, this shall be taken into consideration as an attenuating circumstance in determining the punishment.

Article 135

(1) (Amended, SG No. 10/1993, SG No. 62/1997) A person who, while knowing that he or she is suffering from venereal disease, infects another with the same disease, shall be punished by deprivation of liberty for up to three years and by a fine of up to BGN two hundred.

(2) (Amended, SG No. 10/1993, SG No. 62/1997) If in the cases of the preceding paragraph those infected are minors under 16 years of age or more than two persons, the punishment shall be deprivation of liberty for up to five years or a fine of up to BGN five hundred.

(3) (Amended, SG No. 10/1993, SG No. 62/1997) A person who, while knowing that he or she is suffering from venereal disease, infects another through negligence with the same disease, shall be punished by deprivation of liberty for up to one year or a fine of up to BGN two hundred.

(4) (Amended, SG No. 10/1993, SG No. 62/1997) A person who through sexual intercourse or in another manner puts another person in danger of being infected with venereal disease, shall be punished by deprivation of liberty for up to six months or by a fine of up to BGN two hundred.

(5) (Supplemented, SG No. 28/1982, amended, SG No. 10/1993, SG No. 62/1997)) A person suffering from venereal disease, who refuses to be treated or evades regular obligatory treatment, shall be punished by a fine of up to BGN three hundred, imposed administratively.

(6) If the act under the preceding paragraph has been committed for a second time, the punishment shall be deprivation of liberty for up to six months.

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Section III
Exposure to Danger

Article 136

(1) A person who violates rules established for the protection of labour safety and thereby exposes the life or health of the working people to danger, shall be punished by deprivation of liberty for up to three years or by probation, as well as by public censure.

(2) (New, SG No. 28/1982) Where by an act under the preceding paragraph, committed through negligence, the life or health of the working people are exposed to danger, the punishment shall be deprivation of liberty for up to one year or probation.

Article 137

A person who exposes a person, deprived of the possibility to defend himself because of minority, advanced old age, sickness or in general because of his helplessness, in such a way that his life may be endangered, and being aware of this does not render assistance thereto, shall be punished by deprivation of liberty for up to three years.

Article 138

A person who consciously does not render help, in case he was able to do so, to a person for who he was obliged to take care and who was in danger of his life and had no possibility to protect himself because of minority, advanced old age, sickness or in general because of his helplessness, shall be punished by deprivation of liberty for up to one year or by corrective labour.

Article 139

(Amended, SG No. 28/1982, 10/1993)

A person who in the case of immediate danger for the life of another, does not run to his rescue which he was able to do without endangering himself or another, shall be punished by probation for up to six months or a fine from BGN one hundred to three hundred.

Article 140

A driver of a transport vehicle who, after a traffic accident in which he has been a participant, does not render the necessary help to an injured person, which he was able to do without danger to himself or to another, shall be punished by deprivation of liberty for up to one year or by probation.

Article 141

(1) (Amended, SG No. 28/1982, SG No. 10/1993) A person practising the medical profession who, if after being asked does not render help to a patient or a woman in childbirth without good reason, shall be punished by probation or by a fine from BGN one hundred to three hundred.

(2) If the culpable person has been aware of the fact that the patient or woman in childbirth were in a dangerous situation, the punishment shall be deprivation of liberty for up to one year or probation.

(3) (Amended, SG No. 28/1982, SG No. 10/1993) A person who, being obliged to render assistance to a sick person, does not render him such assistance without good reasons, shall be punished by probation for up to six months or by a fine from BGN one hundred to three hundred.

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Section IV
 Kidnapping and Unlawful Deprivation of Liberty

(Title amended, SG No. 50/1995)

Article 142

(New, SG No. 50/1995)

(1) (Amended and supplemented, SG No. 92/2002) A person who kidnaps another person in view of unlawfully depriving him/her of liberty shall be punished by deprivation of liberty from one to six years.

(2) The punishment shall be deprivation of liberty from three to ten years if:

1. the perpetrator has been armed;

2. the act has been committed by two or more persons;

3. (amended, SG No. 62/1997) 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. (new, SG No. 62/1997) 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. (new, SG No. 62/1997, supplemented, SG No. 92/2002) the kidnapping has been carried out with a venal goal in mind or for the purpose of taking the person over the borders of this country;

8. (new, SG No. 62/1997, amended, SG No. 92/2002) the act has been perpetrated by a person who acts at the orders or in implementing a decision of an organization or a group under art. 321a or of an organized criminal 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

(Previous Article 142, SG No. 50/1995)

(1) (Amended, SG No. 62/1997) A person who unlawfully deprives another of liberty shall be punished by deprivation of liberty for up to two years.

(2) (Amended, SG No. 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), subparagraphs 6 and 8, the punishment shall be deprivation of liberty for one to six years.

(3) (New, SG No. 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) (Renumbered from Paragraph 3, amended, SG No. 62/1997) 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) (New, SG No. 28/1982, repealed, SG No. 50/1995, renumbered from Paragraph 4, SG No. 62/1997) 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.

(6) (New, SG No. 28/1982, repealed, SG No. 50/1995).

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Section V
Coercion

Article 143

(Amended, SG No. 50/1995)

(1) (Previous Article 143, SG No. 62/1997) A person who compels another to do, to omit or to suffer something contrary to his will, using for that purpose force, threats or abuse of his authority, shall be punished by deprivation of liberty for up to six years.

(2) (New, SG No. 62/1997) Where the act has been perpetrated by a person under Article 142, paragraph (2), subparagraphs 6 and 8, the punishment shall be deprivation of liberty for three to ten years.

(3) (New, SG No. 62/1997, amended and supplemented, SG No. 103/2004, supplemented, SG No. 43/2005) Where in the cases under the preceding paragraph the act of coercion has been committed in respect of a judge, a prosecutor, an examining magistrate, a person on the staff of the Ministry of Interior, a public enforcement agent, a private enforcement agent and an assistant private enforcement agent, as well as on a Customs officer, a tax administration officer, an officer of the National Forestry Directorate, or an officer of the Ministry of Environment and Waters performing a control activity, in the course of or in the event of carrying out his duties or functions, the punishment shall be deprivation of liberty for two to eight years.

Article 143a

(New, SG No. 41/1985)

(1) A person who holds someone hostage, whose release he makes dependent upon the fulfilment of a certain condition by the state, a state or public organisation, or by a third party, shall be punished by deprivation of liberty for one to eight years.

(2) Where in the cases of the preceding paragraph the perpetrator threatens to cause the death or severe or medium bodily injury to the person held if the condition put by him fails to be fulfilled, the punishment shall be deprivation of liberty for two to ten years.

(3) (New, SG No. 62/1997) Where the act under the preceding paragraphs has been committed by a person under Article 142, paragraph (2), subparagraphs 6 and 8, the punishment shall be:

1. under paragraph (1) - deprivation of liberty for two to ten years;

2. under paragraph (2) - deprivation of liberty for five to twelve years.

Article 144

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997) A person who threatens someone with a crime against his person or property or against the person or property of his next-of-kin, and where this threat could evoke justified fear of its implementation, shall be punished by deprivation of liberty for up to six months or by a fine from BGN one hundred to three hundred.

(2) (Amended and supplemented, SG No. 28/1982, amended, SG No. 10/1993, SG No. 62/1997) For threat towards an official or representative of the public during or in connection with carrying out their duties or functions, or to a person enjoying international protection, the punishment shall be deprivation of liberty for one year or a fine of up to BGN two hundred.

(3) (Supplemented, SG No. 62/1997, amended, SG No. 92/2002, effective 1.01.2005 in respect of the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004) If the perpetrator has made a threat of murder or the act has been committed by a person under Article 142, paragraph (2), subparagraphs 6 and 8, the punishment shall be deprivation of liberty for up to three years or probation.

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Section VI
Betrayal of Secrets of Another Person

Article 145

(1) (Previous Article 145, amended, SG No. 28/1982, SG No. 10/1993) A person who unlawfully reveals the secret of another, dangerous to his good name, which was confided to him or has come to his knowledge in connection with his vocation, shall be punished by deprivation of liberty for up to one year or a fine from BGN 100 to BGN 300.

(2) (New, SG No. 28/1982) A person who makes public the secret of adoption with the intent of causing harmful consequences to the adopted person, to the adopter or their family, shall be punished by deprivation of liberty for up to six months or by probation, and where serious consequences have set in from the act - by deprivation of liberty for up to one year.

Article 145a

(New, SG No. 62/1997)

(1) A person who makes use of information collected by special intelligence devices for purposes other than protection of the national security or for the purposes of penal proceedings, shall be punished by deprivation of liberty for up to three years and by fine of up to BGN five hundred.

(2) Where the act has been committed by an official who has acquired such information or it has come to his knowledge within the sphere of his office, the punishment shall be deprivation of liberty for one to five years and a fine of up to BGN five thousand.

(3) In cases under the preceding paragraph the court may rule also deprivation of rights under Article 37, paragraph (1), subparagraphs 6 and 7.

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Section VII
Insult and Slander

Article 146

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 21/2000) A person who says or does something degrading to the honour and dignity of another in the presence of the latter, shall be punished for insult by a fine from BGN one thousand up to three thousand. In such a case the court may also impose the punishment of public censure.

(2) If the insulted person has responded at once with an insult, the court may exempt both of them from punishment.

Article 147

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 21/2000) A person who makes public a disgraceful fact about someone or ascribes to him a crime, shall be punished for slander by a fine from BGN three thousand up to seven thousand, as well as by public censure.

(2) The perpetrator shall not be punished if the truth of the divulged circumstances or of the ascribed crimes is proved.

Article 148

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 21/2000) For insult:

1. inflicted publicly;

2. spread through printed matter or in some other way;

3. of an official or a representative of the public, during or in connection with the fulfilment of his duties or function, and

4. by an official or representative of the public, during or in connection with the fulfilment of his duties or function, the punishment shall be a fine from BGN three thousand up to ten thousand as well as public censure.

(2) (Amended, SG No. 28/1982, SG No. 21/2000) For slander committed under the conditions of the preceding paragraph, as well as for slander from which serious consequences have set in, the punishment shall be a fine from BGN five thousand up to fifteen thousand and public censure.

(3) Paragraph (2) of Article 146 may be applied to cases under paragraph (1), sub-paragraph l.

Article 148a

(New, SG No. 62/1997, amended, SG No. 21/2000)

A person who makes public, by means of printed matter or in another way, data, circumstances or allegations about another person, based on unlawfully obtained information from the archives of the Ministry of Interior, shall be punished by deprivation of liberty for up to three years and a fine of five BGN five thousand to twenty thousand.

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Section VIII
 Debauchery

Article 149

(Supplemented, SG No. 28/1982, amended, SG No. 89/1986)

(1) (Amended, SG No. 107/1996, No. 75/2006) A person who performs an act for the purpose of arousing or satisfying sexual desire, without copulation, with a person under 14 years of age, shall be punished for lewdness by deprivation of liberty for up one to six years.

(2) (Amended, SG No. 107/1996) Where the lewdness has been performed through the use of force or threat, through taking advantage of the helpless condition of the victim or by reducing the victim to such condition, the punishment shall be deprivation of liberty from two (2) up to eight (8) years.

(3) (Amended, SG No. 107/1996, SG No. 38/2007) Where the act under the preceding paragraphs has been done for a second time, the punishment shall be deprivation of liberty from three (3) to ten (10) years.

(4) (New, SG, No. 107/1996) Lewdness shall be penalised by deprivation of liberty from three (3) to fifteen (15) years:

1. if committed by two or more persons;

2. (repealed, SG No. 62/1997);

3. (repealed, SG No. 62/1997);

4. (repealed, SG No. 62/1997).

(5) (New, SG No. 62/1997) Lewdness shall be penalised by deprivation of liberty from five to twenty years:

1. if committed with two or more minors;

2. if a severe bodily injury has been inflicted or a suicide has been attempted.

3. if it constitutes a dangerous recidivism.

4. (new, SG No. 38/2007) if it constitutes a particularly grave case.

Article 150

(Supplemented, SG No. 28/1982, amended, SG No. 89/1986,

SG No. 107/1996, 75/2006)

A person who performs an act for the purpose of arousing or satisfying sexual desire, without copulation, with regard to a person who has completed 14 years of age, by using force or threat, by taking advantage of the helpless condition of that person or by reducing the person to such condition, shall be punished by deprivation of liberty for up to six years, and in particularly grave cases - by deprivation of liberty from two to eight years.

Article 151

(1) (Amended, SG No. 75/2006) A person who has sexual intercourse with a person who has not completed the age of 14 years, insofar as the act does not constitute a crime under Article 152, shall be punished by deprivation of liberty for two to six years.

(2) A person who has sexual intercourse with a person who has completed the age of 14 years, who does not understand the essence and meaning of the act, shall be punished by deprivation of liberty for up to three years.

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.

shall be punished for rape by deprivation of liberty for two to eight years.

(2) For rape the punishment shall be deprivation of liberty for three to ten years:

1. (amended, SG No. 92/2002) if the raped woman has not completed eighteen years of age;

2. if she is a relative of descending line;

3. (new, SG No. 28/1982) if it was committed for a second time.

(3) (Amended, SG No. 28/1982) For rape the punishment shall be deprivation of liberty for three to fifteen years:

1. if it has been performed by two or more persons;

2. if medium bodily injury has been caused;

3. if an attempt at suicide has followed;

4. (new, SG No. 92/2002) if it has been committed in view of forceful involvement in further acts of debauchery or prostitution;

5. (renumbered from Item 4, SG No. 92/2002) if it constitutes a case of dangerous recidivism.

(4) (Amended, SG No. 28/1982, SG No. 92/2002) The punishment for rape shall be of ten to twenty years, where:

1. the victim has not turned fourteen years of age;

2. severe bodily injury has been caused;

3. suicide has ensued;

4. it qualifies as a particularly serious case.

Article 153

(Amended, SG No. 75/2006)

A person who copulates with another, by compulsion using the other's material or official dependency upon him, shall be punished by deprivation of liberty for up to three years.

Article 154

Sexual intercourse between relatives in ascending and descending line, between brothers and sisters, and between adopters and adopted persons shall be punished by deprivation of liberty for up to three years.

Article 155

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997, SG No. 92/2002, SG No. 26/2004, SG No. 75/2006) A person who persuades an individual to practise prostitution or acts as procurer or procuress for the performance of indecent touching or copulation, shall be punished by deprivation of liberty of up to three years and by a fine of BGN 1,000 to BGN 3,000.

(2) (Amended, SG No. 10/1993, SG No. 62/1997, No. 75/2006) 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 BGN 1,000 to BGN 5,000.

(3) (New, SG No. 62/1997; amended, SG No. 92/2002, No. 75/2006) Where acts under Paragraphs 1 and 2 above have been committed with a venal goal in mind, punishment shall be deprivation of liberty from one to six years and a fine of BGN 5,000 to BGN 15,000.

(4) (New - SG No. 21/2000, amended, SG No. 75/2006) A person who persuades or forces another person to using drugs or analogues thereof for the purposes of practising prostitution, to performing copulation, indecent assault, intercourse or any other acts of sexual gratification with a person of the same sex, shall be punished by deprivation of liberty for five to fifteen years and by a fine from BGN 10,000 to BGN 50,000.

(5) (New, SG No. 21/2000, amended, SG No. 92/2002, supplemented, SG No. 75/2006, amended, SG No. 38/2007) Where the act under Paragraphs 1 - 4 has been committed:

1. by an individual acting at the orders or in implementing a decision of an organized criminal group;

2. with regard to a person under 18 years of age or insane person;

3. with regard to two or more persons;

4. repeatedly;

5. at the conditions of a dangerous recidivism,

the punishment under pars. 1 and 2 shall be deprivation of liberty from two to eight years and a fine from BGN five thousand to fifteen thousand, under par.3 - deprivation of liberty from three to ten years and a fine from BGN ten thousand to twenty five thousand, and under par. 4 - deprivation of liberty from ten to twenty years and a fine from BGN hundred thousand to three thousand.

(6) (Renumbered from Paragraph 3, SG 62/1997, renumbered from Paragraph 4, SG No. 21/2000, repealed, SG No. 75/2006) .

(7) (Renumbered from Paragraph 4, SG 62/1997, renumbered from Paragraph 5, SG No. 21/2000, amended, SG 92/2002, effective 1.01.2005 in respect of the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, repealed, SG No. 103/2004)

Article 155a

(New, SG No. 38/2007)

(1) Anyone, who for the purpose of establishing a contact with a person who is under 18 years of age, in order to perform fornication, copulation, sexual intercourse or prostitution, provides in Internet or in another manner information about him/her, shall be punished by deprivation of liberty of up to five years and by a fine from BGN five thousand to BGN ten thousand.

(2) The same punishment shall be imposed also on that person, who for the purpose of performing a fornication, copulation or sexual intercourse, establishes a contact with a person who is under 14 years of age, by using information provided in Internet or in another manner.

Article 156

(Amended, SG No. 10/1993)

(1) (Previous Article 156, amended, SG No. 62/1997, No. 75/2006) A person who abducts another person for the purpose of her being placed at the disposal for acts of debauchery shall be punished by deprivation of liberty for three to ten years and by a fine of up to BGN 1,000.

(2) (New, SG No. 62/1997, amended, SG No. 75/2006) The punishment shall be deprivation of liberty for five 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.

(3) (New, SG No. 75/2006) The punishment shall be deprivation of liberty from five to fifteen years and a fine of BGN 5,000 to BGN 20,000 where:

1. the act was committed by an individual acting on the orders or in execution of a decision of an organised criminal group;

2. the abducted person was handed over for sexual activities outside the borders of the country;

3. the act constitutes dangerous recidivism.

Article 157

(1) (Supplemented, SG No. 28/1982, amended, SG No. 92/2002, No. 75/2006) A person who performs sexual intercourse or acts of sexual satisfaction with a person of the same sex, by using for that purpose force or threat, or by taking advantage of a position of dependency or supervision, as well as with a person deprived of the possibility of self-defence, shall be punished by deprivation of liberty for two to eight years.

(2) (New, SG No. 75/2006) Where the act under para 1 was committed in respect to a person below the age of 14, the punishment shall be deprivation of liberty of three to twelve years.

(3) (Supplemented, SG No. 28/1982, amended, SG No. 89/1986, SG No. 62/1997, SG No. 92/2002, SG No. 26/2004, renumbered from Paragraph 2, amended, SG No. 75/2006) A person who performs sexual intercourse or acts of sexual gratification with a person of the same sex below the age of 14, shall be punished by deprivation of liberty from two to six years.

(4) (New, SG No. 89/1986, amended, SG No. 26/2004 renumbered from Paragraph 3, amended, SG No. 75/2006) A person who performs sexual intercourse or acts of sexual gratification with a person of the same sex below the age of 14 who does not understand the nature or implications of his/her acts, shall be punished by deprivation of liberty from two to six years.

(5) (Amended, SG No. 28/1982, renumbered from Paragraph (4), SG No. 89/1986, amended, SG No. 10/1993, SG No. 92/2002, SG No. 103/2004, repealed, SG No. 75/2006) .

Article 158

(Amended, SG No. 28/1982)

In the cases of Articles 149 - 151 and 153, the perpetrator shall not be punished, or the imposed punishment shall not be served, if prior to the enforcement of the sentence there follows a marriage between the man and the woman.

Article 159

(Amended, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997,

SG No. 92/2002)

(1) (Amended, SG No. 38/2007) A person who produces, displays, presents, broadcasts, distributes, sells, rents or otherwise circulates a pornographic material, shall be punished by deprivation of liberty of up to one year and a fine of BGN one thousand (1,000) to three thousand (3,000).

(2) (New, SG No. 38/2007) A person who distributes through Internet a pornographic material, shall be punished by deprivation of liberty of up to two years and a fine of BGN one thousand to three thousand.

(3) (Renumbered from paragraph 2 and amended, SG No. 38/2007) An individual who displays, presents, offers, sells, rents or distributes in another manner a pornographic material to a person who has not turned 16 years of age, shall be punished by deprivation of liberty of up to three years and a fine of up to BGN five thousand (5,000).

(4) (Amended, SG No. 75/2006, renumbered from Paragraph 3 and amended, SG No. 38/2007) Regarding acts under paras. 1-3, where a person who has not turned 18 years of age, or a person who looks like such a person, has been used in the creation of a pornographic material, the punishment shall be deprivation of liberty of up to six years and a fine of up to BGN eight thousand (8,000).

(5) (Renumbered from paragraph 4 and amended, SG No. 38/2007) Where acts under paras. 1 - 4 have been committed at the orders or in implementing a decision of an organized criminal group, punishment shall be deprivation of liberty from two to eight years and a fine of up to BGN ten thousand (10,000), the court being also competent to impose confiscation of some or all the possessions of the perpetrator.

(6) (Renumbered from paragraph 5 and amended, SG No. 38/2007) A person who possesses or provides for himself or for another person through a computer system or in another manner a pornographic material in whose creation a person who has not turned 18 years of age has been used or a person who looks like such a person, shall be punished by deprivation of liberty of up to one year or a fine of up to BGN two thousand.

(7) (Renumbered from paragraph 6, SG No. 38/2007) The object of criminal activity shall be expropriated to the benefit of the State, and where it is not found or has been disposed of, its money equivalent shall be awarded.

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Section IX
(New, SG No. 92/2002)
Trafficking of People

Article 159a

(1) An individual who recruits, transports, hides or admits individuals or groups of people in view of using them for sexual activities, forceful labour, dispossession of bodily organs or holding them in forceful subjection, regardless of their consent, shall be punished by deprivation of liberty of one to eight years and a fine of up to BGN eight thousand (8,000).

(2) Where the act under par. 1 has been committed:

1. with regard to an individual who has not turned eighteen years of age;

2. through the use of coercion or by misleading the individual;

3. through kidnapping or illegal deprivation of liberty;

4. through abuse of a status of dependency;

5. through the abuse of power;

6. through promising, giving away or receiving benefits,

punishment shall be deprivation of liberty from two to ten years and a fine of up to BGN ten thousand (10,000).

(3) (New, SG No. 75/2006) Where the act under para 1 has been committed in respect to a pregnant woman to the purpose of selling her child, the punishment shall be deprivation of liberty of up to ten years and a fine from BGN 5,000 to BGN 15,000.

Article 159b

(1) An individual who recruits, transports, hides or admits individuals or groups of people and guides them over the border of the country with the objectives under art. 159a, par. 1, shall be punished by deprivation of liberty from three to eight years and a fine of up to BGN ten thousand (10,000).

(2) (Supplemented, SG No. 75/2006) Where the act under par. 1 has been committed in presence of characteristics under art. 159a, par. 2 and 3, the punishment shall be deprivation of liberty from five to ten years and a fine of up to BGN fifteen thousand (15,000).

Article 159c

Where acts under articles 159a and 159b qualify as dangerous recidivism or have been committed at the orders or in implementing a decision of an organized criminal group, the punishment shall be deprivation of liberty from five to fifteen years and a fine of up to BGN twenty thousand (20,000), the courts being also competent to impose confiscation of some or all possessions of the perpetrator.

Additional Provision

Article 160

(1) For the crimes under Article 116, sub-paragraph 2, Articles 123, 126, 131, sub-paragraph 2, Articles 134,142, paragraphs (2) - (4), the court may rule deprivation of rights under Article 37 (1), sub-paragraphs 6 or 7.

(2) (New, SG No. 54/1978, repealed, SG No. 28/1982).

Special Provision

Article 161

(1) (Amended, SG No. 28/1982, supplemented, SG No. 89/1986, amended, SG No. 50/1995, SG No. 21/2000, previous Article 161, SG No. 92/2002, amended, SG No. 26/2004) For trivial bodily injury under Article 130 and 131, paragraph (1), sub-paragraphs 3 - 5, for trivial and medium bodily injury under Article 132, for the crimes under Article 144, paragraph (1), Articles 145, 146 - 148a, as well as for bodily injury under Articles 129, 132, 133 and 134, inflicted on a relative of ascending and descending line, a spouse, brother or sister, the penal prosecution shall be instituted on the basis of complaint by the victim.

(2) (New, SG No. 92/2002) Public prosecution criminal proceedings with regard to acts qualifying under art. 133, art. 135, paras. 1, 3, and 4, and under articles 139 - 141 shall be formed upon complaint of the victim to the relevant Prosecution Office and may not be terminated upon his/her request.

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Chapter Three
CRIMES AGAINST THE RIGHTS OF THE CITIZENS

Section I
Crimes Against National and Racial Equality

Article 162

(1) A person who propagates or abets to racial or national hostility or hatred or to racial discrimination shall be punished by deprivation of liberty for up to three years and by public censure.

(2) A person who uses violence against another or damages his property because of his nationality, race, religion or because of his political convictions, shall be punished by deprivation of liberty for up to three years and by public censure.

(3) A person who forms or leads an organisation or group which has set itself the objective of committing acts under the preceding paragraphs, shall be punished by deprivation of liberty for one to six years and by public censure.

(4) A person who is a member of such an organisation or group shall be punished by deprivation of liberty for up to three years and by public censure.

(5) (New, SG No. 28/1982, amended, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, repealed, SG No. 103/2004)

Article 163

(1) The persons who take part in a crowd rallied to attack groups of the population, individual citizens or their property in connection with their national or racial affiliation, shall be punished:

1. the abettors and leaders - by deprivation of liberty for up to five years;

2. all others - by deprivation of liberty for up to one year or by probation.

(2) If the crowd or some of the participants are armed, the punishment shall be:

1. for the abettors and leaders - deprivation of liberty for one to six years;

2. for all others - deprivation of liberty for up to three years.

(3) If an assault has been made which has resulted in severe bodily injury or death, the abettors and leaders shall be punished by deprivation of liberty for three to fifteen years, and all others - by deprivation of liberty for up to five years, if they are not liable to more severe punishment.

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Section II
Crimes Against Religious Denominations

Article 164

A person who propagates hatred on religious basis by speech, through the press, action or in another way, shall be punished by deprivation of liberty for up three years or by probation.

Article 165

(1) A person who, by force or threat hinders the citizens from freely practising their faith or from performing their religious rituals and services, which do not violate the laws of the country, the public order and morality, shall punished by deprivation of liberty for up to one year.

(2) The same punishment shall also be imposed upon a person who in the same way compels another to take part in religious rituals and services.

(3) For the acts under Article 163, committed against groups of the population, individual citizens or their property, in connection with their religious affiliation, the punishments provided therein shall be applied.

Article 166

(Supplemented, SG No. 28/1982, amended, SG No. 92/2002,

effective 1.01.2005 with respect to the punishment of probation -

amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004)

A person who forms a political organisation on religious basis or who by speech, through the press, action or in another way, uses the church or religion for propaganda against the rule of the people or its undertakings, shall be punished by deprivation of liberty for up to three years, if he is not subject to more severe punishment

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Section III
Crimes Against Political Rights of Citizens
(Title amended SG No. 1/1991)

Article 167

(1) (Previous Article 167, SG No. 75/2006) A person who through violence, deception, threat or in some other unlawful way, hinders someone from expressing his right of vote or of being elected, shall be punished by deprivation of liberty for up to three years or by probation.

(2) (New, SG No. 75/2006) Anyone offering or providing a material benefit to another to the purpose of persuading him/her to exercise his right to vote to the benefit of a particular candidate for office, shall be punished by deprivation of liberty of up to three years or by probation.

(3) (New, SG 85/2007) Anyone who organizes the offering or giving of a material benefit to another for the purpose of persuading him/her to exercise his right to vote to the benefit of a particular candidate for office, shall be punished by deprivation of liberty of up to three years or by probation, as well as by a fine from BGN 1,000 to BGN 5,000.

(4) (New, SG No. 19/2008) Perpetrators of actions referred to in paragraph (2) will not be punished provided that they voluntarily inform the relevant body of authority of any committed crime as referred to in paragraph (3).

Article 167a

(New, SG 85/2007)

(1) (Previous Article 167a, SG No. 19/2008) Anyone who, for the purpose of exercising his/her right to vote to the benefit of a particular candidate for office, asks or receives a material benefit, shall be punished by deprivation of liberty of up to one year or by probation.

(2) (New, SG No. 19/2008) Perpetrators will not be punished provided that they voluntarily inform the relevant body of authority of any committed crime as referred to in Article 167, paragraph (2) or (3).

Article 168

(1) (Amended, SG No. 28/1982, SG No. 10/1993, previous Article 168, SG No. 75/2006) A person who exercises voting right, without having such right, shall be punished by probation for up to with six months or by a fine from BGN 100 to BGN 300.

(2) (New, SG No. 75/2006) Anyone exercising his/her right to vote two or more times for the same election, shall be punished by probation and a fine of BGN 500 to BGN 2,000.

Article 169

An official as well as a person from the composition of an election commission, who violates the secret of vote or in any way alters the results of an election, shall be punished by deprivation of liberty for up to three years or by probation.

Article 169a

(New, SG No. 1/1991, amended, SG No. 10/1993)

A person who through the use of force, threat, or in another unlawful way compels another, contrary to his convictions or to his will, to participate or to leave a political party, organisation, movement or coalition with political objectives, shall be punished by deprivation of liberty for up to three years or by a fine from BGN one hundred to three hundred.

Article 169b

(New, SG No. 1/1991, amended, SG No. 10/1993)

A person who through the use of force, threat, or in another unlawful way impedes another to exercise his constitutional political rights, shall e punished by deprivation of liberty for up to three years or by a fine from BGN one hundred to three hundred.

Article 169c

(New, SG No. 1/1991)

Where the act under Articles 169a and 169b has been committed by an official during or in connection with the fulfilment of his duties, the punishment shall be deprivation of liberty for up to five years.

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Section IV
Violation of the Inviolability of a Dwelling,
Premises or a Transport Vehicle
(Title amended, SG No. 28/1982)

Article 170

(Amended and supplemented, SG No. 28/1982, amended, SG No. 10/1993,

SG No. 62/1997)

(1) A person who enters the dwelling of another by using therefor force, threat, ruse, dexterity, abuse of power or special technical means, shall be punished by deprivation of liberty for up to three years or by probation for up to six months.

(2) If the act under the preceding paragraph has been committed at night or by an armed person, or by two or more persons, the punishment shall be deprivation of liberty for one to five years.

(3) (New, SG No. 28/1982) If the acts under the preceding paragraphs have been directed against a dwelling, transport vehicle or official premises of a person enjoying international protection, the punishment shall be: under paragraph (1) deprivation of liberty for one to five years, under paragraph (2) - deprivation of liberty for two to eight years.

(4) (Former paragraph (3), Amended, SG Nos. 28/1982, 10/1993) A person who illegally remains in another person's dwelling in spite of an express invitation to leave, shall he punished by deprivation of liberty for up to one year.

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Section V
Violation of the Inviolability of Correspondence

Article 171

(1) (Amended, SG. No. 28/1982, SG No. 10/1993) A person who contrary to the law:

1. opens, falsifies, hides or destroys a letter, telegram, sealed papers, package and the like of another person;

2. takes another person's, although opened, letter or telegram for the purpose of obtaining knowledge of their contents, or for the same purpose delivers another person's letter or telegram to someone else;

3. (new, SG No. 92/2002) becomes aware of the content of an electronic message not addressed to him/her or prevents such a message from reaching its original addressee.

shall be punished by deprivation of liberty for up to one year or by a fine from BGN one hundred to three hundred.

(2) If the act was perpetrated by an official who availed himself of his official position, the punishment shall by deprivation of liberty for up to two years, and the court may also rule deprivation of the right under Article 37 (1), sub-paragraph 6.

(3) (Supplemented, SG No. 92/2002) A person who, by use of special technical means, unlawfully obtains information not addressed to him, communicated over the telephone, telegraph, computer network or another telecommunication means, shall be punished by deprivation of liberty for up to two years.

(4) (New, SG No. 38/2007) Where the act under paragraph 3 has been committed with a venal goal in mind or considerable damages have been caused, the punishment shall be deprivation of liberty for up to three years and a fine of up to BGN five thousand.

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Section VI
 Crimes Against the Labour Rights of the Citizens

Article 172

(Amended and supplemented, SG No. 28/1982, amended,

SG No. 1/1991, 10/1993)

(1) (Amended, SG No. 10/1993, amended and supplemented, SG No. 92/2002) A person who intentionally impedes another to take a job, or compels him to leave a job because of his nationality, race, religion, social origin, membership in a trade union or another type of organization, political party, organisation, movement or coalition with political objective, or because of his or of his next-of-kin political convictions, shall be punished by deprivation of liberty for up to three years or by a fine of up to BGN five thousand.

(2) An official who fails to carry out an order or a court decision that has entered into force for re-instating at work of a wrongly dismissed worker or employee, shall be punished deprivation of liberty for up to three years.

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Section VII
 Crimes Against Intellectual Property
(Title amended, SG No. 50/1995)

Article 172a

(New, SG No. 50/1995)

(1) (Amended, SG No. 62/1997, amended, SG No. 75/2006) A person who makes records, reproduces, distributes, broadcasts or transmits, or makes any other use the object of a copyright or neighbouring right without the consent of the owner of holder of such right as required by law, shall be punished by deprivation of liberty for up to five years and a fine of up to BGN 5,000.

(2) (Amended, SG No. 62/1997, amended, SG No. 75/2006) Anyone who, without consent from the person required by law, detains material carriers containing the object of copyright or a neighbouring right, amounting to a large-scale value, or who detains a matrix for the reproduction of such carriers, shall be punished by deprivation of liberty from two to five years and a fine of BGN 2,000 to BGN 5,000.

(3) (Amended, SG No. 62/1997, amended, SG No. 75/2006) If the act under Paragraphs (1) and (2) has been repeated or considerable damaging consequences have occurred, the punishment shall be deprivation of liberty from one to six years and a fine of BGN 3,000 to BGN 10,000.

(4) (New, SG No. 75/2006) Where the act under para 2 amounts to a particularly large-scale value, the punishment shall be deprivation of liberty from two to eight years and a fine of BGN 10,000 to BGN 50,000.

(5) (Renumbered from Paragraph 4, SG No. 75/2006) For minor cases the perpetrator shall be punished under the administrative procedure in compliance with the Copyright and Neighbouring Rights Act.

(6) (Renumbered from Paragraph 5, amended, SG No. 75/2006) The object of the crime shall be appropriated in favour of the state, irrespective of the fact whose property it is.

Article 172b (New, SG No. 75/2006)

(1) Anyone who, without consent from the owner of the exclusive right thereupon, makes use in commercial operations of a trademark, industrial model, a variety of plant or race of animal, making the object of said exclusive right, or makes use of a geographical indication or a counterfeit thereof without a legal justification, shall be punished by deprivation of liberty of up to five years and a fine of up to BGN 5,000.

(2) Where the act under para 1 is repeated or significant damages have been caused, the punishment shall be deprivation of liberty from five to eight years and a fine from BGN 5,000 to BGN 8,000.

(3) The object of the crime shall be taken to the benefit of the state, irrespective of the fact whose property it is, and it shall then be destroyed.

Article 173

(1) (Amended, SG No. 10/1993) A person who publishes or uses under his own name or under a pen name the work of another person in the field of science, literature or arts or a considerable part thereof, shall be punished by deprivation of liberty for up to two years or by a fine from BGN one hundred to three hundred

(2) (Amended, SG No. 81/1999) By the same punishment shall also be punished the person who presents for registration or registers in his own name invention, workable model or industrial design of another person.

Article 174

(Amended, SG No. 10/1993, SG No. 81/1999)

A person who, by abusing his official position, gets himself included as a co-author of an invention, workable model or industrial design or of a work of science, literature or arts, without having taken part in the creative work for its elaboration, shall be punished by deprivation of liberty for up to two years or by a fine from BGN one hundred to three hundred, as well as by public censure.

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Section VIII
 Crimes Against Freedom of Meetings,
 Rallies and Demonstrations

Article 174a

(New, SG No. 10/1990)

(1) A person who by use of force, fraud, threat or another unlawful way breaks up or hinders a meeting, rally or demonstration, allowed by the Meetings, Rallies and Demonstrations Act, shall be punished by deprivation of liberty for up to two years.

(2) An organiser who, in violation of Article 12, paragraph (3), and Article 13, paragraph (1), of the Meetings, Rallies and Demonstrations Act, conducts a prohibited or continues to conduct terminated meeting, rally or demonstration, shall be punished by deprivation of liberty for up to one year.

Special Provision

Article 175

(Amended, SG No. 28/1982, supplemented, SG No. 62/1997,

amended, SG No. 92/2002)

(1) For crimes under Article 170, paragraphs (1) and (4), Article 171, paragraph (1), Article 172, paragraph (2), and Article 173, penal proceedings shall be instituted or the basis of complaint by the aggrieved party.

(2) (Amended, SG No. 19/2008) Public prosecution criminal proceedings with regard to acts qualifying under Articles 172, paragraph 1, and 174 shall be brought up upon complaint of the victim filed with the relevant Prosecution Office and may not be terminated upon his/her request.

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Chapter Four
CRIMES AGAINST MARRIAGE, THE FAMILY AND YOUTH

Section I
Crimes Against Marriage and the Family

Article 176

(1) A person who, upon entering into marriage, consciously conceals from registrar of the civil status a legal obstacle to the marriage, shall be punished by deprivation of liberty for up to two years.

(2) A registrar of the civil status who solemnises a marriage, being in the knowledge that there exists a legal obstacle to its conclusion, shall be punished by deprivation of liberty for up to three years, and the court may also rule deprivation of the right under Article 37 (1), sub-paragraph 6.

(3) (Repealed SG No. 51/2000).

Article 177

(1) A person who has induced another in compulsory manner to enter in marriage, and therefore the marriage was proclaimed null and void, shall be punished by deprivation of liberty for up to three years.

(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.

Article 178

(1) (Amended, SG No. 28/1982, SG No. 10/1993) A parent or another relative who receives compensation to permit his daughter or relative to conclude a marriage, shall be punished by deprivation of liberty for up to one year or by a fine from BGN one hundred to three hundred, as well as by public censure.

(2) The same punishment shall also be imposed on a person who gives or mediates in the giving or receiving of such compensation.

Article 179

(1) A person who, where a legal marriage exists, concludes another, shall be punished for polygamy by deprivation of liberty for up to three years.

(2) The same punishment shall also be imposed on a person who concludes a marriage with a person whom he or she knows to be in legal marriage.

(3) If the first marriage is declared null and void or is terminated on other grounds, the punishment shall be deprivation of liberty for up to one year or probation.

Article 180

(Repealed, SG No. 1/1991)

Article 181

A person who violates an obligation to a spouse, a relative of ascending or descending line, incapable of taking care for himself, and thereby places him in a position of serious distress, shall be punished by probation as well as by public censure, provided the act does not constitute a graver crime.

Article 182

(1) A parent or guardian who leaves a person who is under parental care or guardianship, without supervision and sufficient care and thereby creates a danger for his physical, spiritual or moral development, shall be punished by deprivation of liberty for up to one year or by probation, as well as by public censure.

(2) (New, SG No. 28/1982, amended, SG No. 10/1993) A parent or another relative who fails to fulfil or in any way frustrates the application of a court decision on the exercise of parental rights, or on personal contacts with a child, shall be punished by probation or a fine from BGN one hundred to three hundred, and in particularly grave cases - by deprivation of liberty for up to six months or a fine from BGN one hundred to three hundred.

(3) (New, SG No. 28/1982) The perpetrator shall not be punished if, after a warning by the respective state authority, he fulfils the decision or removes the obstacles to its application. This provision shall not be applied for a second time.

Article 182a

(New, SG No.26/2004)

(1) The one who, in view of obtaining a pecuniary benefit, tries to convince a parent, through donation, promise, threat or abuse of office, to abandon his child or give consent for adoption, shall be punished by deprivation of liberty of up to one year and a fine of up to BGN two thousand.

(2) The punishment under paragraph 1 shall also be imposed on the one who tries to convince a young person to give consent for his own adoption, where the law requires consent to be given.

(3) The one who acts as an intermediary, with a view to obtain an illegal pecuniary benefit, between a person or a family wishing to adopt a child, and a parent, wishing to abandon a child, or a woman, who agrees to carry in her womb a child to surrender for adoption, shall be punished by deprivation of liberty of up to two years and a fine of up to BGN three thousand.

(4) Where the act under paragraph 1 is committed for a second time, the punishment shall be deprivation of liberty of up to three years and a fine of up to BGN four thousand.

Article 182b

(New, SG No. 75/2006)

(1) A person of the female sex giving consent for the sale of her child in this country or abroad shall be punished by deprivation of liberty from one to six years and a fine from BGN 5,000 to BGN 15,000.

(2) The punishment under para 1 shall also be imposed on a pregnant woman giving consent to the sale of her child before delivery.

Article 183

(1) (Amended, SG No. 95/1975, SG No. 28/1982, SG No. 92/2002, effective 1.01.2005 - amended, SG 26/2004, effective 1.01.2004, SG No. 103/2004) A person who, being sentenced to support a spouse, a relative of ascending or descending line, brother or sister, consciously does not fulfil his obligation to the amount of two or more monthly payments, shall be punished by probation.

(2) The same punishment shall also be imposed on a person who purposefully places himself in a position of impossibility to provide support, either by transferring his property or by failing to exercise his rights or in any other way.

(3) (Amended, SG No. 28/1982) The perpetrator shall not be punished if prior to the pronouncement of the sentence by the first instance court, he fulfils his obligation and no other harmful consequences have set in for the aggrieved party person. This provision shall not be applied for a second time.

(4) (Amended, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG 26/2004, effective 1.01.2004) If the act under paragraphs (1) and (2) is committed for a second time, the punishment shall be deprivation of liberty for up to two years or probation, as well as public censure.

Article 184

(1) A person who deliberately replaces, hides or abandons an infant at another door, or in any other way conceals or changes the civil status of another, shall be punished by deprivation of liberty for up to two years.

(2) (Amended, SG No. 28/1982, SG No. 10/1993) If the above is effected for a venal purpose, the punishment shall be deprivation of liberty for up to three years and a fine from BGN one hundred to three hundred.

Article 185

(1) A person who of his own accord takes or retains with him the child of another, who has not completed fourteen years of age, and fails to notify forthwith the authorities or fails to return the child to the parents or the guardian, shall be punished by deprivation of liberty for up to one year.

(2) (Amended, SG No. 28/1982, SG No. 10/1993) If the above takes place by use of force, threat or deceit, or with the intention to use the child for venal or immoral purposes, the punishment shall be deprivation of liberty for up to three years and a fine from BGN one hundred to three hundred.

Article 186

(Amended, SG No. 28/1982, SG No. 10/1993)

A person who takes a child abandoned at a door or lost, of an age less than seven years, and fails to notify forthwith the authorities, the parents or the guardian of the child, shall be punished by probation or a fine from BGN one hundred to three hundred.

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Section II
Crimes Against Youth

Article 187

A person who tortures a minor or underage person, who is under his care or with whose education he has been entrusted, shall be punished by deprivation of liberty for up to one year or by probation, as well as by public censure, provided the act does not constitute a graver crime.

Article 188

(1) A person who compels a minor or an underage person to commit a crime or to engage in prostitution, shall be punished by deprivation of liberty for up to five years and by public censure.

(2) Where as the result from the above harmful consequences have set in for the physical, the psychic or the moral development of the victim, the punishment shall be deprivation of liberty for one to six years and public censure, provided the act does not constitute a graver crime.

Article 189

(1) (Amended, SG No. 10/1993) A person who systematically uses a person under his care for mendacity, shall be punished by deprivation of liberty for up to one year or by a fine from BGN one hundred to three hundred

(2) If the perpetrator is a parent or guardian of the victim, the punishment shall be deprivation of liberty for up to two years or probation, as well as public censure.

Article 190

A person who through abuse of his parental power compels his child who has not yet completed 16 years of age, to start living as married with another, shall be punished by deprivation of liberty for up to three years or by probation, as well as by public censure.

Article 191

(1) (Amended, SG No. 28/1982) A person of full age who, without having concluded a marriage, starts living as man and wife with a person of the female gender, who has not completed 16 years of age, shall be punished by deprivation of liberty for up to two years or by probation, as well as by public censure.

(2) An adult who persuades or facilitates an underage male and a female who have not completed 16 years of age, to start living as spouses, without concluding a marriage, shall be punished by deprivation of liberty for up to two years or by probation.

(3) (Amended, SG No. 89/1986) If the act under the preceding paragraphs has been committed with a person who has not completed 14 years of age, the punishment shall be deprivation of liberty from two to five years.

(4) In the cases under paragraph (1) the perpetrator shall not be punished and the imposed punishment shall not be enforced, if prior to the enforcement of the sentence a marriage follows between the man and the woman.

Article 192

(1) (Previous Article 192, amended, SG No. 28/1982, SG No. 10/1993) A parent or another relative who receives compensation to permit his daughter or female relative, who has not completed 16 years of age, to start living as married with someone, shall be punished by deprivation of liberty for up to two years or a fine from BGN 100 to BGN 300, as well as by public censure.

(2) (New, SG No. 28/1982) The same punishment shall also be imposed on a person who gives or mediates in the giving of such compensation.

Article 192a

(New, SG No. 26/2004)

(1) The one who admits to work an individual, who has not turned 18 years of age, in the absence of a due permit, shall be punished by deprivation of liberty of up to six months and a fine of BGN five hundred to one thousand

(2) Where the act under paragraph 1 has been committed with respect to an individual who has not turned 16 years of age, the punishment shall be deprivation of liberty of up to one year and a fine of one thousand to BGN three thousand.

(3) Where the act under paragraph 1 has been committed for a second time, the punishment shall be deprivation of liberty of up to one year and a fine of BGN one thousand to three thousand, and under paragraph 2 - deprivation of liberty of up to three years and a fine of BGN two thousand to five thousand

Article 193

(Amended, SG No. 28/1982, SG No. 89/1986, SG No. 10/1993)

(1) (Amended, SG No. 92/2002) A person who intoxicates with alcoholic drinks a person who has not completed 18 years of age, or a mentally irresponsible person, shall be punished by deprivation of liberty for up to six months or by a fine of up to BGN five hundred

(2) (Amended, SG No. 92/2002) A person who sells alcoholic drinks to anyone who has not completed 18 years of age, or to a mentally irresponsible person for personal use, shall be punished by a fine of up to BGN five hundred and by probation, and if he does this systematically - by deprivation of liberty for up to one year and by a fine of up to BGN two thousand

Special Provision

Article 193a

(New, SG No. 62/1997, amended, SG No. 92/2002, supplemented,

SG No. 26/2004)

For crimes under Article 182, paragraph (2), and Article 183, criminal proceedings of public prosecution shall be instituted on the basis of complaint by the aggrieved party addressed to the public prosecution office and may not be terminated upon the party's request.

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Chapter Five
CRIMES AGAINST PROPERTY
(Title amended, SG No. 10/1993)

Section I
Theft

Article 194

(1) (Amended, SG No. 10/1993) A person who takes away from another movable property without his consent, with the intent to unlawfully appropriate it, shall be punished for theft by deprivation of liberty for up to eight years.

(2) Theft shall also be considered to occur where part of the object belongs to the culprit.

(3) (Amended, SG No. 28/1982, SG No. 10/1993) In minor cases the punishment shall be deprivation of liberty for up to one year, or probation, or a fine from BGN one hundred to three hundred

Article 195

(1) (Amended, SG No. 28/1982, amended and supplemented, SG No. 10/1993) For theft the punishment shall he deprivation of liberty for one to ten years:

1. if the theft has been committed during a fire, flood, shipwreck, accident, war or another social calamity;

2. if the stolen object has not been under constant supervision;

3. if the theft has been committed by destroying, damaging or undermining barriers, strongly built for protection of persons or property;

4.if for committing the theft a motor vehicle has been used, technical means or a special way of action;

5. if the theft has been committed by two or more persons who have conspired in advance for its perpetration, where it does not constitute a minor case;

6. if the theft has been perpetrated by an official who availed himself of his official position, and

7. in cases other than minor, if the theft has been perpetrated for a second time;

8. if the theft has been committed from the grave of a deceased person.

9. (new, SG No. 62/1997) if the theft has been perpetrated by a person under Article 142, paragraph (2), subparagraphs 6 and 8.

10. (new, SG No. 26/2004) if the object of theft has been explosive substances, firearms or ammunitions.

(2) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) For large scale theft the punishment shall be deprivation of liberty for three to fifteen years, whereas the court may rule confiscation of up to one half of the perpetrator's property

(3) (New, SG No. 26/2004, amended, SG No. 102/2006) The punishment under paragraph 2 shall also be imposed for theft of explosive substances, firearms or ammunitions from the structural units of the Ministry of Interior, the Ministry of Defence, the Bulgarian Army and the structures reporting to the Minister of Defence, from the Ministry of State Policy for Disasters and Accidents, as well as from the State Reserve and Wartime Stocks State Agency.

(4) (Amended, SG No. 28/1982, SG No. 10/1993, renumbered from Paragraph 3, SG No. 26/2004) In minor cases under sub-paragraphs 2 and 6 of paragraph (1), the punishment shall be deprivation of liberty for up to one year or probation, or a fine from BGN one hundred to three hundred

(5) (Renumbered from Paragraph 4, amended, SG No. 26/2004) For preparation for theft under paragraph (1), sub-paragraphs 3 and 4, the punishment shall be deprivation of liberty of up to three years, or probation.

Article 196

(1) (Amended, SG No. 10/1993) For theft which constitutes a case of dangerous recidivism, the punishment shall be:

1. in the cases under Article 194, paragraph (1) - deprivation of liberty for two to ten years;

2. (supplemented, SG No. 26/2004) in the cases of Article 195, paragraphs (1) and (2) - deprivation of liberty of three to fifteen years, and in cases under Article 195, paragraph 3 - deprivation of liberty of five to fifteen years.

(2) (Amended, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) The court may rule confiscation of up to one half of the perpetrator's property

Article 196a

(New, SG No. 89/1986, amended, SG No. 10/1993, No. 75/2006)

For theft in particularly large amounts, representing a particularly grave case, the punishment shall be deprivation of liberty from ten to twenty years and confiscation of the whole or part of the perpetrator's property.

Article 197

If prior to the conclusion of the judicial inquiry at the first instance court the stolen object is returned or replaced, the punishment shall be:

1. in the cases of Article 194, paragraph (1) - deprivation of liberty for up to five years;

2. (amended, SG No. 28/1982, SG No. 10/1993, SG No 26/2004) in the cases of Article 194, paragraph (3), and Article 195, paragraph (4) - probation or a fine from BGN one hundred to three hundred

3. (amended, SG No. 89/1986) in the cases of Article 195, paragraph (1), sub-paragraphs 2 - 6 - deprivation of liberty for up to eight years;

4. (amended, SG No. 89/1986) in the cases of Article 195, paragraph (2) in connection with Article 194 and with Article 195, paragraph (1), sub-paragraphs 2 - 6 - deprivation of liberty for up to eight years;

5. (new, SG No. 89/1986) in the cases of Article 196a - deprivation of liberty from eight to twenty years.

Article 197a

(New, SG No. 89/1986, repealed, SG No. 10/1993)

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Section II
Robbery

Article 198

(1) (Amended, SG No. 10/1993) A person who takes away movable object from the possession of another with the intention to unlawfully appropriate it, using thereby force or threat, shall be punished for robbery by deprivation of liberty for three to ten years.

(2) Threat shall be understood to be such an immediate act which exposes to grave danger the life, health, honour or property of the threatened or of another attending person.

(3) Robbery shall also be any theft in which the criminal, being caught on the spot of the crime, uses force or threat in order to retain possession of the stolen object.

(4) Robbery shall also be considered to occur where for the purpose of taking away the object the victim has been brought to state of unconsciousness or to helpless state.

Article 199

(1) (Amended, SG No. 28/1982, SG No. 10/1993) For robbery of objects:

1. on a large scale;

2. committed by two or more persons who have conspired in advance to commit thefts or robberies;

3. occurring with infliction of severe or medium bodily injury;

4. constituting a case of dangerous recidivism;

5. (new, SG No. 92/2002, amended, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004) committed by an individual acting at the orders or in implementing a decision o an organized criminal group,

(amended, SG No. 103/2004) the punishment shall be deprivation of liberty for five to fifteen years, whereas the court may also rule confiscation of up to one half of the culprit's property.

(2) (Amended and supplemented, SG No. 89/1986, amended, SG No. 10/1993, supplemented, SG No. 50/1995) For robbery of objects:

1. occurring with severe or medium bodily injury followed by death;

2. occurring with murder or an attempt at murder;

3. in particularly large amounts, if the perpetrator was armed,

(amended, SG No. 153/1998) the punishment shall be deprivation of liberty for fifteen to twenty years, life imprisonment or life imprisonment without substitution. The court may also rule confiscation of the whole or part of the culprit's property.

Article 200

For preparation for robbery under Article 198 the punishment shall be deprivation of liberty for up to two years, and under Article 199 - deprivation of liberty for up to three years.

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Section III
Embezzlements

Article 201*

(Supplemented, SG No. 28/1982, amended, SG No. 10/1993, supplemented, SG No. 50/1995, Judgment No. 19 of the Constitutional Court of the Republic of Bulgaria, SG No. 97/1995)

An official who appropriates from another sums of money, objects or other valuables, deposited with him in his capacity or entrusted to him for safekeeping and management, and disposes with them to his own interest or to the personal interest of another, shall be punished for embezzlement by official, by deprivation of liberty for up to eight years, and the court may also rule confiscation of up to one half of the culprit's property and deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 202

(1) For embezzlement by official the punishment shall be deprivation of liberty for one to ten years:

1. where for the purpose of facilitating it yet another crime has been committed, for which the law does not provide more severe punishment;

2. (amended, SG No. 28/1982) if the embezzlement has been perpetrated by two or more persons who have conspired in advance.

(2) For embezzlement by official the punishment shall be deprivation of liberty from three to fifteen years:

1. (amended, SG No. 92/2002) if it is on a large scale,

2. (amended, SG No. 92/2002) if it constitutes dangerous recidivism or

3. (new, SG No. 92/2002) where the funds appropriated come from funds, which are the property of the European Union or which have been granted by the European Union to the Bulgarian State.

(3) (Supplemented, SG No. 28/1982, amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) In the cases of the preceding paragraphs, the court shall deprive the perpetrator of the rights under Article 37, para 1, sub-paragraphs 6 and 7. The court may also rule confiscation pursuant to paragraph (1) of up to one half, and under paragraph (2) - of the whole or part of the culprit's property,

Article 203

(1) (Amended, SG No. 89/1986, No. 75/2006) For embezzlement by official on particularly large scale, constituting a particularly grave case, the punishment shall be deprivation of liberty from ten to twenty years.

(2) (Amended, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) The court shall rule confiscation of the whole or part of the property of the culprit and shall deprive him of the rights under Article 37, paragraph 1, sub-paragraphs 6 and 7.

Article 204

In minor cases of embezzlement by official the punishment shall be:

a) (amended, SG No. 28/1982, SG No. 10/1993) under Article 201 - deprivation of liberty for up to one year or probation, or a fine from BGN one hundred to three hundred

b) under Article 202, paragraph (1) - deprivation of liberty for up to two years or probation.

Article 205

(1) If the embezzled money, objects or valuables are returned or replaced prior to the conclusion of the judicial inquiry at the first instance court, the punishment shall be:

1. (amended, SG No. 28/1982) in the cases under Article 201 - deprivation of liberty for up to five years;

2. (amended, SG No. 28/1982) in the cases under Article 202, paragraph (1) - deprivation of liberty for one to seven years;

3. in the cases of Article 202, paragraph (2) - deprivation of liberty for three to ten years;

4. (amended, SG No. 28/1982, SG No. 89/1986) in the cases of Article 203 - deprivation of liberty from eight to twenty years;

5. (amended, SG No. 28/1982, SG No. 10/1993) in the cases of Article 204, letter "a" - probation or a fine from BGN one hundred to three hundred Bulgarian Leva;

6. in the cases of Article 204, letter "b" - deprivation of liberty for up to six months or probation.

(2) (Supplemented, SG No. 28/1928) In the cases of sub-paragraphs 2, 3 and 4 of the preceding paragraph the court shall also rule deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7, and in the cases of sub-paragraph 3 may rule confiscation of up to one half of the property of the culprit, and in the cases under sub-paragraph 4 it shall rule confiscation of part or the whole of the property.

Article 206

(1) (Amended, SG No. 28/1982, SG No. 10/1993) A person who unlawfully appropriates a movable object of another, which is in his possession or which has been left with him for safekeeping, shall be punished for embezzlement by deprivation of liberty for up to six years.

(2) (Supplemented, SG No. 92/2002) Embezzlement shall also be considered to occur where part of the object belongs to the perpetrator, as well as where the object is the property of the perpetrator, but it has been burdened to become a pledge and perpetrator has illegally disposed thereof, failing to protect the rights of pledge creditors, or where perpetrator uses movable property of another as a pledge, thereby making it more difficult for creditors to obtain satisfaction.

(3) (New, SG No. 28/1982) If the embezzlement is on a large scale or constitutes a case of dangerous recidivism the punishment shall be deprivation of liberty for three to ten years, whereas the court shall deprive the culprit of rights under Article 37 (1), sub-paragraphs 6 and 7, and may rule confiscation of part or the whole of his property.

(4) (New, SG No. 28/1982) For embezzlement on particularly large scale, constituting a particularly grave case, the punishment shall be deprivation of liberty for five to fifteen years, whereas the court shall rule also deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7, and confiscation of part or the whole of the culprit's property.

(5) (Former paragraph (3), Amended, SG Nos. 28/1982, 10/1993) In minor cases the punishment shall be deprivation of liberty for up to one year or probation, or a fine from BGN one hundred to three hundred

(6) (Renumbered from Paragraph 4, amended, SG No. 28/1982) If the embezzled property is returned or replaced prior to the conclusion of the judicial inquiry at the first instance court, the punishment shall be:

1. under paragraph (1) - deprivation of liberty for up to three years;

2. under paragraph (3) - deprivation of liberty for two to eight years;

3. under paragraph (4) - deprivation of liberty for three to twelve years;

4. (Amended, SG No. 10/1993) under paragraph (5) - probation or a fine from BGN one hundred to three hundred

(7) (New, SG No. 28/1982) In the cases of sub-paragraph 2 of the preceding paragraph, the court may rule confiscation of up to one half of the property of the culprit and to deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7, and in the cases under sub-paragraph 3 it shall rule confiscation of part or the whole property of the culprit and shall deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 207

(Amended, SG No. 28/1982, corrected, SG No. 31/1982, amended, SG No. 10/1993)

(1) A person who finds an object belonging to another and in the course of one week does not notify thereof the owner, the authorities, or the person who has lost it, shall be punished by a fine from BGN one hundred to three hundred

(2) The same punishment shall be imposed on a person who unlawfully appropriates an object of another, which has come to his possession accidentally or by mistake.

Article 208

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 26/2004) A person who discovers a treasure and in the course of two weeks fails to notify the authorities thereof, shall be punished by a fine from BGN five hundred to one thousand

(2) (New, SG No. 10/1993, amended, SG No. 26/2004) A person who, while searching, discovers a treasure and in the course of two weeks fails to notify the authorities thereof, shall be punished by deprivation of liberty for up to two years or by a fine from BGN one thousand to five thousand

(3) (Renumbered from Paragraph 2, amended, SG No. 10/1993, SG No. 26/2004) If the treasure is of particularly large amount, the punishment shall be: under paragraph (1) - deprivation of liberty for up to two years or a fine from BGN one thousand to five thousand; and under paragraph (2) - deprivation of liberty for up to five years or a fine of BGN five thousand to ten thousand.

(4) (New, SG No. 26/2004) The object of crime shall be forfeited to the benefit of the state, and where absent or alienated, its equivalent shall be awarded.

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Section IV
Deceit

Article 209

(1) (Amended, SG No. 28/1982, SG No. 10/1993) A person who for the purpose of acquiring material benefit for himself or for another evokes or maintains in somebody a misleading idea, and thereby causes material damage to that person or to another, shall be punished for deceit by deprivation of liberty for up to six years.

(2) (Amended, SG No. 10/1993) A person who for the same purpose takes advantage of the misleading ideas, the inexperience or the lack of information of another and causes thereby material damage to that person or to another, shall be punished by deprivation of liberty for up to three years.

(3) In minor cases under the preceding paragraphs, the punishment shall be deprivation of liberty for up to one year, or probation.

Article 210

(1) For deceit the punishment shall be deprivation of liberty for one to eight years:

1. if the perpetrator has presented himself as an official, or as a person who acts on orders by the authorities;

2. (amended, SG No. 28/1982) if the deceit has been committed by two or more persons who had conspired in advance for its perpetration;

3. (amended, SG No. 26/2004) if the deceit has been perpetrated by an official or by an attorney within the scope of his office or authorisation or by a person directly dealing in his business with liquid currency;

4. if the deceit has been committed for a second time in cases other than minor;

5. (new, SG No. 28/1982) if the damage inflicted is on a large scale.

(2) (New, SG No. 28/1982) In the cases of sub-paragraphs 4 and 5, the court may rule confiscation of up to one half of the culprit's property.

Article 211

(Supplemented, SG No. 28/1982, SG No. 10/1993, SG 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004)

Where the deceit under Article 209, paragraphs (1) and (2), and under Article 210 has been on particularly large scale, constituting particularly grave case or constituting a case of dangerous recidivism, the punishment shall be deprivation of liberty for three to ten years. The court may rule confiscation of up to one half of the culprit's property

Article 212 (Supplemented, SG No. 95/1975, amended, SG No. 28/1982)

(1) (Amended, SG No. 10/1993) A person who, by using a document of untrue content or an untrue or falsified document, obtains without legal grounds movable property of another person with the intention to appropriate it, shall be punished by deprivation of liberty for up to eight years.

(2) The punishment under the preceding paragraph shall also be imposed on a person who, by drawing up a document of untrue contents or an untrue or falsified document, consciously provides opportunity for another natural person to obtain such property without legal grounds.

(3) (New, SG No. 92/2002) Where the property comes from funds, which are owned by the European Union or that has been granted to the Bulgarian State by such funds, punishment shall be deprivation of liberty from three to ten years.

(4) (Renumbered from Paragraph 3, SG No. 92/2002) If the property under the preceding paragraphs is of large scale or the act constitutes dangerous recidivism, the punishment shall be deprivation of liberty for three to fifteen years.

(5) (Renumbered from Paragraph 4, SG No. 92/2002) For documentary deceit of particularly large scale, constituting a particularly grave case, the punishment shall be deprivation of liberty for ten to twenty years.

(6) (Renumbered from Paragraph 5, SG No. 92/2002) In minor cases under paragraphs (1) and (2) the punishment shall be deprivation of liberty for up to two years or probation.

(7) (Renumbered from Paragraph 6, SG No. 92/2002) In the cases of paragraph (1), the court may rule confiscation of up to one half of the culprit's property and may deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7, and in the cases under paragraphs (3) and (4), the court shall rule confiscation of part or of the whole property of the culprit and shall deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 212a (New, SG No. 92/2002)

(1) (Amended, SG No. 38/2007) Where an individual, in view of providing a benefit to him-/herself or another, brings or maintains misleading representations in someone through introducing, modifying, deleting, or erasing computerized data or through the use of an electronic signature of another causes him/her or another harm, shall be punished for computer fraud by deprivation of liberty from one to six years and a fine of up to BGN six thousand

(2) (Amended, SG No. 38/2007) The same form and amount of punishment shall be imposed to the individual who, without being entitled thereto, introduces, modifies, or erases computerized data in order to unduly obtain something, that should not go to him.

Article 212b

(New, SG No. 28/1982, renumbered from Article 212a, SG No. 92/2002)

(1) If the obtained property under Article 212 is returned or replaced prior to the termination of the judicial inquiry at the first instance court, the punishment shall be:

1. under paragraphs (1) and (2) - deprivation of liberty for up to five years;

2. under paragraph (3) - deprivation of liberty for two to eight years;

3. (supplemented, SG No. 75/2006) under Paragraphs (4) and (5) - deprivation of liberty for five to fifteen years;

4. (amended, SG No. 10/1993, No. 75/2006) under paragraph (6) - probation or a fine from BGN one hundred to three hundred.

(2) In the cases under sub-paragraph 2 of the preceding paragraph, the court may rule confiscation of up to one half of the property of the culprit and may deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7, and under sub-paragraph 3 it shall rule confiscation of part or of the whole property of the culprit and shall deprive him of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 213

(Amended, SG. No. 28/1982, SG No. 10/1993)

A person who destroys, damages or demolishes for deceptive purpose his own insured property, shall be punished by deprivation of liberty for up to three years and with a fine from BGN one hundred to three hundred.

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Section V
Blackmail

Article 213a

(New, SG No. 62/1997)

(1) A person who, for the purpose of forcing another one to dispose of an article or a right or to undertake a property obligation, threatens such person with violence, with making public some disgraceful circumstances, with inflicting damages on property or some other unlawful actions of grave consequences for that person or his/her relatives, shall be punished by deprivation of liberty for one to six years and a fine from BGN one thousand up to three thousand

(2) The punishment shall be deprivation of liberty for two to eight years and a fine from BGN three thousand up to five thousand, if the act was:

1. accompanied by threat of murder or severe bodily injury;

2. accompanied by inflicting trivial bodily injury;

3. accompanied by appropriation, destruction or damaging of property;

4. committed by two or more persons;

5. committed by a person as per Article 142, paragraph (2), subparagraphs 6 and 8;

6. committed by an armed person;

7. repeated in cases that are considered of material importance.

(3) The punishment shall be deprivation of liberty for five to fifteen years and a fine from BGN five thousand up to ten thousand, whereas the court may rule confiscation of up to 1/2 of the property of the perpetrator, if:

1. medium or severe bodily injury has been inflicted, provided the crime committed is not subject to more severe punishment;

2. considerable property damages have been inflicted;

3. the act has been perpetrated by an organisation or a group or by orders of a person, an organisation or a group;

4. the act has been accompanied by explosion or arson;

5. the act has been perpetrated by or with the participation of an official;

6. the act has been perpetrated in respect of an official in connection with his office;

7. the act constitutes dangerous recidivism.

(4) (Amended, SG No. 153/1998) The punishment shall be deprivation of liberty for a term of from fifteen to twenty years, or life imprisonment, or life imprisonment without substitution, whereas the court may rule confiscation of part or of the entire property of the perpetrator, if the deed has been:

1. accompanied by severe or medium bodily injury, which has resulted in death;

2. accompanied by murder or an attempt for murder.

Article 214

(Amended, SG No. 10/1993, amended and supplemented, SG No. 50/1995)

(1) (Amended, SG, No. 62/1997) A person who, for the purpose of procuring material benefit for himself or for another, by force or threat; compels somebody to do, to fail to do or to suffer something contrary to his will, and thereby inflicts material damage to that person or to another, shall be punished for blackmail by deprivation of liberty for one to six years and a fine of BGN one thousand to three thousand, whereas the court may impose confiscation of up to 1/2 of the property of the perpetrator.

(2) (Amended, SG No. 62/1997) For blackmail as per Article 213a, paragraphs (2), (3) and (4) the punishment shall be:

1. under paragraph (2) - deprivation of liberty for two to ten years and a fine of BGN four thousand up to six thousand, whereas the court may rule confiscation of up to 1/2 of the property of the perpetrator;

2. under paragraph (3) - deprivation of liberty for five to fifteen years, a fine of BGN five thousand to ten thousand and confiscation of up to 1/2 of the property of the perpetrator;

3. (amended, SG No. 153/1998) under paragraph (4) - deprivation of liberty for fifteen to twenty years, life imprisonment or life imprisonment without substitution and confiscation of no less than 1/2 of the perpetrator's property.

(3) For blackmail the punishment shall be deprivation of liberty for five to fifteen years and a fine of up to BGN five hundred, whereas the court may rule confiscation of up to one half of the property of the culprit, provided that:

1. it has occurred together with severe or medium bodily injury;

2. the act constitutes a case of dangerous recidivism.

Article 214a

(New, SG No. 62/1997)

For preparation for crime pursuant to Articles 213a and 214 the punishment shall be deprivation of liberty for one to three years.

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Section VI
Receiving Objects

Article 215

(1) (Supplemented, SG. No. 28/1982, amended, SG No. 10/1993, supplemented, SG No. 62/1997) A person who for the purpose of procuring material benefit for himself or for another conceals, acquires or helps for the appropriation of movable properties of another, for which he knows or supposes that they have been obtained by somebody through crime or another act which constitutes public danger, shall be punished by deprivation of liberty for up to five years, but with a punishment not more severe than the one provided for the crime itself.

(2) (Amended, SG. No. 95/1975, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997) The punishment shall be deprivation of liberty for three to ten years and a fine of BGN one thousand up to three thousand, if the receiving is:

1. of large amount;

2. of articles set under special regime;

3. carried out as occupation;

4. repeated or constitutes dangerous recidivism.

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Section VII
Destruction and Endamagement

Article 216

(1) (Amended, SG No. 10/1993) A person who unlawfully destroys or endamages movable or real property of another, shall be punished by deprivation of liberty for up to five years.

(2) (New, SG No. 92/2002) An individual who destroys, demolishes or harms his/her property that has been mortgaged or pledged, shall be punished by deprivation of liberty of up to five years and a fine of up to BGN two thousand

(3) (New, SG No. 92/2002) Where an individual, through acquiring illegal access to a computer relevant to an enterprise, establishment, legal entity or individual, destroys or causes harm to the property of another, shall be punished by deprivation of liberty from one to six years and a fine of up to BGN ten thousand

(4) (Amended, SG No. 28/1982, SG No. 10/1993, renumbered from Paragraph 2, SG No. 92/2002) In minor cases the punishment shall be deprivation of liberty for up to six months or a fine from BGN one hundred to three hundred.

(5) (Supplemented, SG No. 62/1997, renumbered from Paragraph 3, SG No. 92/2002, amended and supplemented, SG No. 26/2004) If considerable damages have been caused or other grave consequences have set in or if the act has been committed by a person under Article 142, paragraph (2), subparagraphs 6 and 8, or where the act is associated with the destruction or damaging of telecommunication network elements, the punishment shall be deprivation of liberty for up to ten years, and the court may also rule deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7.

(6) (Amended, SG No. 10/1993, renumbered from Paragraph 4, amended, SG No. 92/2002) If the act under paragraphs (1), (2), (3) and (5) has been committed through negligence, the punishment shall be deprivation of liberty for up to two years or a fine of BGN one hundred to three thousand.

Article 216a

(New, SG No. 26/2004)

(1) The one who, alone or acting through another, illegally interferes with the completeness of equipment or objects belonging to a power transmission or distribution network, to a gas transportation or heat transmission system, to a system for the transmission of liquid fuel, or to a water-supply or sewage system, making thereby conditions available for the divergence of power, natural gas, liquid fuels, heat energy or water, or the discharge of waste water, shall be punished by deprivation of liberty of up to three years and a fine of up to BGN fifteen thousand.

(2) Where the act under paragraph 1 is committed for a second time, the punishment shall be deprivation of liberty from one to ten years and fine of up to BGN twenty thousand.

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Section VIII
Breach of Trust
(Title amended, SG No. 10/1993)

Article 217

(Amended, SG No. 10/1993)

(1) A person who consciously inflicts damage to the property of another, which has been entrusted to him for management or safekeeping, shall be punished by deprivation of liberty for up to three years or by a fine from BGN one hundred to three hundred.

(2) The same punishment shall be imposed on a representative or a proxy who has acted consciously against the lawful interests of the represented person.

(3) (New, SG No. 92/2002) Punishment under par. 1 shall also be imposed to the individual who disposes of an object mortgaged or pledged that has been left with him for storage.

(4) Where as result of the above acts considerable or irrecoverable damages have occurred, the punishment shall be deprivation of liberty for up to five years and a fine from BGN one hundred to three hundred.

Special Provision

Article 218 (Repealed, SG No. 10/1993)

Additional Provisions (Title amended, SG No. 28/1982)

Article 218a (New, SG No. 89/1979, amended, SG No. 89/1986, repealed, SG No. 10/1993)

Article 218b (New, SG No. 28/1982)

(1) (Amended, SG No. 10/1993, SG No. 62/1997, SG No. 21/2000, SG No. 26/2004) For acts under Article 194, paragraph (3), Article 195, paragraph (4), Article 204, letter "a", Article 206, paragraphs (1) and (5), Article 207 and for receiving objects in connection therewith, where the value of the object is up to BGN one hundred and fifty, the punishment shall be a fine from BGN one hundred to three hundred, imposed administratively, unless the subject of the crime has not been recovered or replaced.

(2) The provision of the preceding paragraph shall not be applied where:

1. (amended, SG. No. 10/1993, SG No. 62/1997, SG No. 21/2000) the perpetrator has committed in the course of one year two or more offences, the total value of the object of which exceeds BGN one hundred and fifty;

2. the perpetrator had been sentenced for such a crime, as well as where an administrative punishment had been imposed on him for such an offence and one year has not yet elapsed since its perpetration;

3. the object of the act is a firearm, ammunition, explosive, poisonous or narcotic substances, combat and other special equipment.

Article 218c (New, SG No. 89/1986, amended SG No. 10/1993, SG No. 92/2002)

For crimes under art. 216, paragraphs 1, 4, and 6, as well as for theft, appropriation, fraud and breach of trust, where the object of the crime has been private property, penal prosecution shall be instituted on the grounds of claim by the aggrieved party, should that be a spouse, relative to the culprit of ascending or descending line or of collateral line to the second degree, or a person who lives together with him within one common household, or if the aggrieved party has been guardian or custodian of the culprit.

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Chapter Six
CRIMES AGAINST THE ECONOMY

Section I
General Economic Crimes

Article 219

(1) (Amended, SG No. 28/1982, SG No. 62/1997) An official who fails to devote sufficient care to the guidance, control, management, keeping or preservation of the property entrusted to him, or to the job assigned to him, and where as result thereof considerable damages, or destruction or scattering of property or other considerable losses have followed for the enterprise or the economy, shall be punished by deprivation of liberty for up to three years and a fine of up to BGN five thousand.

(2) (Amended, SG No. 95/1975, SG No. 28/1982, SG No. 62/1997) A person who, despite his obligations, has not exercised sufficient control over the work of persons entrusted with the management, disposal of or accounting for public property, and as result thereof considerable damages have occurred for the enterprise or the economy, shall be punished by deprivation of liberty for up to three years and a fine of up to BGN five thousand.

(3) Where the act under the preceding paragraphs has been committed deliberately and does not contain the elements of a graver crime, the punishment shall be deprivation of liberty for up to eight years, and the court may rule deprivation of the right under Article 37 (1), sub-paragraph 6.

(4) (New, SG No. 28/1982) For a crime under the preceding paragraphs of particularly large scale constituting a particularly grave case, the punishment shall be: under paragraphs (1) and (2) - deprivation of liberty for one to ten years, and the court in these cases shall rule also deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 220

(1) An official who consciously concludes a disadvantageous transaction and therefrom considerable damages ensue for the economy or for the institution, enterprise or organisation which he represents, shall be punished by deprivation of liberty for up to five years, and the court may rule deprivation of the right under Article 37 (1), sub-paragraph 6.

(2) (New, SG No. 89/1986) In particularly grave cases under the preceding paragraph, the punishment shall be deprivation of liberty from one to ten years, and the court shall rule also deprivation of the rights under Article 37 (1), sub-paragraphs 6 and 7.

(3) (New, SG No. 62/1997, repealed, SG No. 101/2001)

Article 221 (Amended, SG No. 28/1982, repealed, SG No. 1/1991)

Article 221a (New, SG No. 27/1973, amended, SG No. 28/1982, corrected, SG No. 31/1982, amended, SG No. 86/1991, corrected, SG No. 90/1991, amended, SG No. 10/1993)

(1) A person who orders, or in violation of his duties allows to be taken and used for construction and other non-agricultural purposes arable land which has not been expropriated or transferred pursuant to the established procedure, or pastures, shall be punished by deprivation of liberty for up to three years and a fine from BGN one hundred to three hundred.

(2) A person who continues, orders or allows in violation of his duties to be continued the construction, or another non-agricultural use of land under the preceding paragraph, after the construction has been stopped by the respective authorities under the established procedure, shall be punished by deprivation of liberty for up to five years or by a fine from BGN one hundred to three hundred.

Article 221b (New, SG No. 44/1984, repealed, SG No. 1/1991)

Article 222 (Repealed, SG No. 1/1991)

Article 223

(1) (Supplemented, SG No. 28/1982) A person who gives untrue information about the quantity, quality or the kind of the produced article or about the work done with the aim to obtain undue material benefit, shall be punished by deprivation of liberty for up to three years or by probation, if this does not constitute a graver crime.

(2) (Amended, SG. No. 28/1982, SG No. 10/1993) A person who receives an undue remuneration for what he has produced or for the work he has done, knowing that it was determined on the basis of such untrue data, shall be punished by probation or by a fine from BGN one hundred to three hundred, if this does not constitute a graver crime.

(3) The acquired by the perpetrator as a result of the crimes under the preceding paragraphs shall be returned to the respective organisation.

Article 224

(1) (Amended, SG No. 10/1993) A person who receives a gift or other material benefit in order to give, or because he has given, to a foreign country, foreign organisation or company, or to a foreign citizen, information from which considerable damage has ensued or may ensue for the economy, shall be punished by deprivation of liberty for up to five years and by a fine of from BGN one hundred to three hundred, if his act does not constitute a graver crime.

(2) The same punishment shall be imposed also on a person who has given the gift or the material benefit.

(3) The object of the crime shall be confiscated in favour of the state.

Article 225

(1) (Amended, SG No. 28/1982, supplemented, SG No. 89/1986, amended, SG No. 81/1990, SG No. 10/1993) A person who sells goods above the established price or before the price has been established or determined under the established procedure, or who receives for a service remuneration greater than that legally permitted, shall be punished by deprivation of liberty for up to two years or a fine from BGN one hundred to three hundred.

(2) (New, SG No. 26/1973, supplemented, SG No. 81/1990, amended, SG No. 10/1993) If the act under the preceding paragraph has been committed for a second time and is not a minor case, or if the sum received in excess is considerable, the punishment shall be deprivation of liberty for six months to three years and a fine from BGN one hundred to three hundred.

(3) (New, SG No. 26/1973, amended, SG No. 89/1986, repealed, new, SG No. 81/1990) A person who, after he has been punished for offence under Article 3 of the Fight Against Profiteering Act, commits the same offence before expiry of one year following the coming into force of the penal ruling, shall be punished by deprivation of liberty for up to three years.

(4) (New, renumbered from Paragraph 2, SG No. 26/1973, repealed, renumbered from Paragraph 5, SG No. 89/1986) A person who consciously compiles untrue information or presents untrue data for determining the price of goods or services, from which damages have ensued or could ensue for a state institution or enterprise, for a public organisation or for the citizens, shall be punished by deprivation of liberty of up to one year or probation.

(5) (New, SG No. 95/1975, renumbered from Paragraph 8, SG No. 89/1986, renumbered from Paragraph 7, SG No. 81/1990) In the cases where under the preceding paragraphs the court determines a punishment by deprivation of liberty, the court may also rule deprivation of rights under Article 37 (1), sub-paragraphs 6 or 7.

(6) (New, SG No. 95/1975, amended, SG No. 28/1982, renumbered from Paragraph 7, SG No. 89/1986, repealed, SG No. 81/1990)

(7) (New, SG No. 95/1975, renumbered from Paragraph 8, SG No. 89/1986, repealed, SG No. 81/1990)

Article 225a (New, SG No. 29/1973, amended, SG No. 89/1986,repealed, SG No. 1/1991)

Article 225b (New, SG No. 28/1982)

(1) (Amended, SG No. 10/1993) A person who for work done or service rendered receives an undue material benefit, if the act does not constitute a graver crime, shall be punished by deprivation of liberty for up to two years and by a fine from BGN one hundred to three hundred.

(2) If the act under the preceding paragraph is committed for a second time or the benefit is of large amount, the punishment shall be deprivation of liberty for up to three years.

(3) (Amended, SG No. 10/1993) In minor cases under paragraph (1) the punishment shall be a fine from BGN one hundred to three hundred, imposed administratively.

(4) The object of the crime shall be confiscated in favour of the state.

Article 225c (New, SG No. 92/2002)

(1) The individual performing a job for a legal entity or a sole trader under the Commercial Act, who requests or accepts a gift or any benefit, that appears undue, or accepts an offer or a promise for a gift or benefit in order to perform an act, or fail so to do, in breach of his/her obligations with regard to commercial activities, shall be punished by deprivation of liberty of up to five years or by a fine of up to BGN twenty thousand.

(2) The individual performing commercial activities, who offers, promises or provides a gift or any benefit to a person performing a job with a legal entity or a sole trader, in order to perform an act, or fail so to do, in breach of his/her obligations, shall be punished by deprivation of liberty of up to three years or by a fine of up to BGN fifteen thousand.

(3) Punishments under the preceding paragraphs shall also be imposed, where the gift or benefit have been offered, promised or given to another upon consent of the individual under par. 1.

(4) (Amended, SG No. 26/2004) The individual who acts as intermediary with regard to some acts under the preceding paragraphs, where his conduct does not qualify under more serious crimes, shall be punished by deprivation of liberty up to one year or a fine of up to BGN five thousand.

(5) The object of crime shall be expropriated to the benefit of the State, and where it may not be found or has been disposed of, the money equivalent thereof shall be awarded.

Article 226

(1) (Amended, SG No. 28/1982, SG No. 10/1993) A person who, by making use of a state, co-operative or another public organisation, develops private economic activity in violation of the established regulations, and in this way obtains considerable unlawful income, shall be punished by deprivation of liberty for up to five years and a fine from BGN one hundred to three hundred.

(2) (Amended, SG No. 28/1982 renumbered from Paragraph 3, SG No. 89/1986, amended, SG No. 10/1993) A person who develops private economic activity, concealing it under the form of state, co-operative or another public organisation, shall be punished by deprivation of liberty for up to five years and a fine from BGN one hundred to three hundred.

(3) (Renumbered from Paragraph 2, amended, SG No. 89/1986) An official from the respective state, co-operative or another public organisation, who allows commission of the crime under the preceding paragraphs, shall be punished by deprivation of liberty for up to three years or by probation.

(4) (New, SG No. 26/1973, amended, SG No. 28/1982, SG No. 89/1986, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation- amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) For repeated commission of the crime under the preceding paragraphs, or where the unlawful income is of particularly large amounts, the punishment shall be deprivation of liberty from one to eight years.

(5) (Renumbered from Paragraph 4, amended, SG No. 26/1973, SG No. 89/1986, SG No. 92/2002, effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) If the unlawful income under the preceding paragraphs is of particularly large amounts and the case is particularly grave, the punishment shall be deprivation of liberty from three to twelve years.

Article 227 (Amended, SG No. 10/1993, SG No. 50/1995, SG No. 81/1999, repealed, SG No. 75/2006)

Article 227a (New, SG No. 28/1982, amended, SG No. 10/1993, repealed, SG No. 75/2006)

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Section Ia
(New, SG 107/1996)
Crimes Against Creditors

Article 227b

(1) (Amended, SG No. 85/1998, No. 75/2006) A trader who becomes insolvent and within thirty days following suspension of payments fails to notify this to the court shall be punished by deprivation of liberty for up to three years or by a fine in the amount of up to BGN 5,000.

(2) The penalty under paragraph (1) shall also be inflicted on persons managing or representing a company or a co-operative if within fifteen (15) days following suspension of payments they have failed to request the court to initiate insolvency proceedings.

(3) The penalty under paragraph (1) shall also be inflicted on a procurator who has failed to fulfil his obligation under Article 626, paragraph 3 of the Commerce Act.

(4) (New, SG No. 62/1997, amended, SG No. 59/2006) The punishment under paragraph (1) shall be imposed also on persons who were bound to notify the Bulgarian National Bank of a bank which has become insolvent, pursuant to the Credit Institutions Act, should they fail to do so.

Article 227c (New, SG 107/1996)

(1) A trader who following the initiation of insolvency proceedings:

1. conceals, destroys, damages or alienates gratuitously moneys, effects, securities or other valuables that may serve to satisfy his creditors;

2. alienates moneys, effects, securities or other valuables which may serve to satisfy his creditors where what has been given away considerably exceeds what has been received and has been carried out in contradiction with the usual course of business;

3. remits or conceals any of his receivables;

4. admits to or anyhow assumes or fulfils a non-existent obligation;

5. gets a loan knowing that he is unable to repay it;

6. supplies on credit goods, moneys, effects, securities or other valuables that are in his possession in a manner contradicting the usual course of business;

7. satisfies in violation of the law only one or several creditors or secures them in the prejudice of all remaining creditors;

8. destroys, conceals or alters his trade books or documents, or keeps them in violation of the law in a manner obstructing the ascertainment of the assets and liabilities of his business or activity,

in the event that in consequence of the hereinabove enumerated acts considerable damages have been inflicted shall be punished for deliberate bankruptcy by deprivation of liberty for up to three (3) years.

(2) Where through an act enumerated under paragraph (1) damages in particularly large proportions have been inflicted constituting an especially grave case the penalty shall be deprivation of liberty from three (3) up to fifteen (15) years. The courts shall also rule deprivation of rights under Article 37, paragraph (1), sub-paragraphs 6 and 7.

Article 227d (New, SG 107/1996)

The penalties under Article 227c shall also be inflicted on persons managing and representing a company or a co-operative if they commit or allow the commission of the acts specified under the same Article, whereas in the cases of paragraph (1) the court may additionally rule the imposition of a fine in the amount of up to BGN five hundred (500), and under paragraph (2) - partial or entire forfeiture of the culprit's property.

Article 227e (New, SG 107/1996)

(1) A trader who:

1. has not conducted his business with the care of a good trader or has partaken in apparently risky transactions that are not within the circle of his usual business;

2. has incurred personal, family or other expenses apparently untypical of and not related to the scope of business and incongruous with his property status;

3. has failed to set up or has set up an incorrect annual accounting statement and a balance sheet though under the obligation to do so,

and in consequence whereof has been forced into insolvency and this has caused damages to his creditors, shall be punished for imprudent bankruptcy by deprivation of liberty for up to two (2) years, whereas the court may additionally rule deprivation of rights under Article 37, paragraph (1), sub-paragraphs 6 and 7.

(2) The penalties under paragraph (1) shall also be inflicted on a trader declared insolvent without having fulfilled his obligations under a preceding recovery plan.

(3) The penalties under paragraph (1) shall also be imposed on the persons managing and representing a company or a co-operative if they commit or allow the commission of the acts specified under the same paragraph.

(4) The persons specified under paragraphs (1) through (3) shall not be penalised if they satisfy their creditors prior to the imposition of the sentence by the court of the first instance. This provision shall not be applied repeatedly.

Article 227f (New, SG 107/1996)

(1) A trader who has outstanding obligations to another trader in respect of whom insolvency proceedings have been instituted, and with awareness of this fails to fulfil such obligations within the agreed or the usual term, shall be punished by deprivation of liberty for up to one (1) year or by a fine in the amount of up to BGN two hundred (200).

(2) A trader who with the approval or knowledge, or in the interest of one of his own creditors conceals entirely or in part an obligation to such a creditor and thereby causes a damage to a creditor of his shall be punished by deprivation of liberty for up to two (2) years and a fine in the amount of up to BGN three hundred (300).

(3) Anyone, who is aware that insolvency proceedings have been instituted in respect of a trader and deliberately conceals or destroys with his consent his effects that belong or would belong to the mass of insolvency shall be punished by deprivation of liberty for up to two (2) years and a fine of up to BGN three hundred (300).

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Section II
 Crimes in Separate Branches of the Economy

Article 228

(1) (Amended, SG No. 28/1982) A person who as manager or member of control body orders or allows the production of low-quality, sub-standard or incomplete sets of industrial goods or articles which do not meet the requirements established for them with respect to quality, type or features, shall be punished by deprivation of liberty for up to three years or by probation.

(2) A person who, in violation of his official duties, marks as standard or fails to mark goods which do not meet the respective requirements, where this is obligatory, shall be punished by deprivation of liberty for up to one year or by probation.

(3) (Amended, SG No. 28/1982, 89/1986, 10/1993) Where the articles or goods under the preceding paragraphs are not of significant quantities, or of significant value, the punishment under paragraph (1) shall be a fine from BGN one hundred to three hundred, and under paragraph (2) - a fine from BGN one hundred to three hundred, imposed administratively.

Article 229

A person who, in receiving agricultural produce on account of purchasing or trading organisation, deceives the supplier about the quality or quantity of such produce, shall be punished by deprivation of liberty for up to three years or by probation, as well as by public censure.

Article 230

(1) (Amended, SG No. 28/1982, SG No. 10/1993) A person who violates a regulation against the spread or occurrence of a contagious disease among domestic animals, shall be punished by probation for up to six months or by a fine from BGN on hundred to three hundred.

(2) If contagion has ensued from the above, the punishment shall be deprivation of liberty for up to one year or probation.

(3) If the contagious disease becomes wide-spread, the punishment shall be deprivation of liberty for up to three years.

(4) Also punished in compliance with the differences in the preceding paragraphs shall be a person who violates a regulation issued for control of plant diseases and pests.

Article 231 (Amended and supplemented, SG No. 28/1982)

(1) (Amended, SG No. 62/1997) A person who released for sale industrial or agricultural goods in considerable qualities or of considerable value, not corresponding to the requirements indicated in paragraph (1) of Article 228, without express declaration of their defects, shall be punished by deprivation of liberty for up to two years, by fine of one thousand up to BGN three thousand and by deprivation of right under Article 37, paragraph (1), item 6.

(2) (Amended, SG No. 10/1993) In minor cases under the preceding paragraph, the punishment shall be a fine from BGN one hundred to three hundred, imposed administratively.

Article 232

(1) A seller who cheats a buyer in weighing or measuring of goods, or who uses false measures or balances, shall be punished by deprivation of liberty for up to two years or by probation.

(2) By the same penalty shall be punished:

a) a person who cheats a buyer by admixing foreign substances or worsening the quality of the goods in another way;

b) a person who cheats a customer about the quality of the goods, materials or services.

(3) (Amended, SG No. 28/1982, SG No. 10/1993) Where by one or more acts under the preceding paragraph damages of up to BGN ten have been caused, the punishment shall be a fine from BGN one hundred to three hundred, imposed administratively.

(4) (New, SG No. 95/1975, amended, SG. No. 28/1982, SG No. 10/1993) If the act under the preceding paragraph has been committed after an administrative punishment under the same paragraph has been imposed upon the person by ruling that has entered into force, and less than one year has elapsed from the commission of the first violation, the punishment shall be deprivation of liberty for up to one year or probation, or a fine from BGN one hundred to three hundred.

(5) (New, SG No. 95/1975) In the cases where, the court determines under the preceding paragraph a punishment by deprivation of liberty, it may also rule deprivation of rights under Article 37 (1), sub-paragraphs 6 and 7.

Article 233 (Amended and supplemented, SG No. 28/1982, amended, SG No. 89/1986, amended and supplemented, SG No. 81/1990, repealed, SG No. 10/1993, new, SG No. 102/1995)

(1) (Amended and supplemented, SG No. 92/2002, amended, SG No. 26/2004, SG No. 38/2007) A person who, without a relevant, license, registration or permit, exports, imports, transfers, transits, acts as intermediary in transactions with weaponry or goods or technologies with dual application, as well as where such activities are carried out in breach of prohibitions, restrictions or sanctions, - imposed by the Security Council of the United Nations Organisation, by the Organisation for Security and Cooperation in Europe or by the European Union, specified in an instrument of the Council of Ministers or stemming from an international agreement to which the Republic of Bulgaria is a party - shall be punished by deprivation of liberty for up to six years and by a fine of up to BGN two hundred thousand.

(2) (Amended, SG No. 92/2002) For particularly grave cases under paragraph (1) the punishment shall be deprivation of liberty for three (3) to eight (8) years and a fine of up to BGN five hundred thousand (500,000).

(3) (Amended, SG No. 92/2002) In minor cases under paragraph (1) the punishment shall be a fine of up to BGN twenty thousand (20,000).

(4) (Amended, SG No. 92/2002, SG No. 26/2004, SG No. 38/2007) The weaponry or the goods, or the technologies with dual application, which make the object of crime, shall be confiscated in favour of the state notwithstanding their ownership, and where they are missing or have been appropriated, the equivalent of their value shall be adjudicated, determined on the grounds of the foreign trade contract.

Article 234 (Amended and supplemented, SG No. 26/1973, amended, SG No. 28/1982, SG No. 89/1986, repealed, SG No. 1/1991, new, SG No. 107/1996)

(1) (Amended, SG No. 92/2002) A person who markets or stores excise goods without an excise tax banderol sticker where such banderol is required by the law shall, in non-negligible cases, be punished by deprivation of liberty for up to three (3) years and by a fine in the amount of up to the tenfold value of the marketed goods, as well as by deprivation of rights under Article 37 (1), sub-paragraph 7.

(2) (Amended, SG No. 92/2002) The punishment shall be deprivation of liberty for up to five (5) years and deprivation of rights under Article 37 (1), sub-paragraph 7 when the act:

1. was committed repeatedly;

2. was committed with premeditation by two or more persons;

3. if the corpus delicti is in large proportions.

(3) The corpus delicti shall be forfeited to the state.

Article 234a (New, SG No. 62/1997)

A person who pursues foreign trade activities without permit, as required by law or by Decree of the Council of Ministers, or in violation of such permit, shall be punished by deprivation of liberty for up to three years, a fine of five thousand up to BGN ten thousand and deprivation of rights under Article 37, paragraph (1), subparagraphs 6 and 7.

Article 234b (New, SG No. 92/2002)

(1) The individual who purchases or commercially deals in waste from ferrous or non-ferrous metals without permit required in a normative act or in breach thereof, shall be punished by deprivation of liberty of up to three years and a fine from BGN one thousand to twenty thousand.

(2) Waste forming the object of crime under par. 1 shall be expropriated to the benefit of the State, and where they may not be found or have been disposed of, the money equivalent thereof shall be awarded.

Article 234c (New, SG No. 26/2004)

(1) The one who makes, alone or through another, an illegal connection to a power transmission or distribution network, or to a gas transportation, heat transmission, water-supply or sewage system, to a system for the transmission of liquid fuels, or an illegal interference with the commercial measuring devices for power, natural gas, liquid fuel, heat energy or water, or discharged wastewater, making thereby conditions available for the incomplete reporting of consumed power, natural gas, liquid fuel, heat energy or water, or of discharged wastewater, shall be punished by deprivation of liberty of up to three years and a fine of up to BGN ten thousand.

(2) Where the act under paragraph 1 is committed for a second time, the punishment shall be deprivation of liberty from one to eight years and a fine of BGN fifteen thousand.

Article 235 (Amended, SG No. 86/1991, SG No. 85/1997, SG No. 26/2004)

(1) (Amended, SG No. 75/2006) A person who, without a regular written permit or with a regular permit, but in places, terms, quantities and trees other than those indicated therein fells, collects, obtains, takes or transports from the forestry funds any kind of trees or parts thereof, including cut down or fallen ones, shall be punished by deprivation of liberty for up to six years or by corrective labour, as well as by a fine from BGN 1,000 to BGN 20,000.

(2) (Amended, SG No. 75/2006) The punishment under Paragraph (1) shall also be imposed on a person who conceals, loads, transports, unloads, stores or processes timber unlawfully obtained by another.

(3) A crime under paras 1 and 2 shall be punishable by deprivation of liberty from one to eight years and a fine from BGN five to fifteen thousand, where:

1. it has been committed by two or more individuals who have reached a preliminary agreement for its perpetration;

2. it has been committed with the complicity of a forestry officer, who has made use of his office;

3. it has been committed through the use of a false or counterfeited document or of a document with untrue content;

4. has been committed for a second time;

5. the object of crime qualifies as a large quantity.