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PENAL CODE Prom. SG. 26/2 Apr 1968, corr. SG. 29/12 Apr 1968, amend. SG. 92/28 Nov 1969 ... PDF

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Preview PENAL CODE Prom. SG. 26/2 Apr 1968, corr. SG. 29/12 Apr 1968, amend. SG. 92/28 Nov 1969 ...

PENAL CODE Prom. SG. 26/2 Apr 1968, corr. SG. 29/12 Apr 1968, amend. SG. 92/28 Nov 1969, amend. SG. 26/30 Mar 1973, amend. SG. 27/3 Apr 1973, amend. SG. 89/15 Nov 1974, amend. SG. 95/12 Dec 1975, amend. SG. 3/11 Jan 1977, amend. SG. 54/11 Jul 1978, amend. SG. 89/9 Nov 1979, amend. SG. 28/9 Apr 1982, corr. SG. 31/20 Apr 1982, amend. SG. 44/5 Jun 1984, amend. SG. 41/28 May 1985, amend. SG. 79/11 Oct 1985, corr. SG. 80/15 Oct 1985, amend. SG. 89/18 Nov 1986, corr. SG. 90/21 Nov 1986, amend. SG. 37/16 May 1989, amend. SG. 91/24 Nov 1989, amend. SG. 99/22 Dec 1989, amend. SG. 10/2 Feb 1990, amend. SG. 31/17 Apr 1990, amend. SG. 81/9 Oct 1990, amend. SG. 1/4 Jan 1991, amend. SG. 86/18 Oct 1991, corr. SG. 90/1 Nov 1991, amend. SG. 105/19 Dec 1991, suppl. SG. 54/3 Jul 1992, amend. SG. 10/5 Feb 1993, amend. SG. 50/1 Jun 1995, amend. SG. 97/3 Nov 1995, amend. SG. 102/21 Nov 1995, amend. SG. 107/17 Dec 1996, amend. SG. 62/4 Aug 1997, amend. SG. 85/26 Sep 1997, amend. SG. 120/16 Dec 1997, suppl. SG. 83/21 Jul 1998, amend. SG. 85/24 Jul 1998, suppl. SG. 132/5 Nov 1998, amend. SG. 133/11 Nov 1998, amend. SG. 153/23 Dec 1998, amend. SG. 7/26 Jan 1999, amend. SG. 51/4 Jun 1999, amend. SG. 81/14 Sep 1999, amend. SG. 21/17 Mar 2000, amend. SG. 51/23 Jun 2000, amend. SG. 98/1 Dec 2000, suppl. SG. 41/26 Apr 2001, amend. SG. 101/23 Nov 2001, amend. SG. 45/30 Apr 2002, amend. SG. 92/27 Sep 2002, amend. SG. 26/30 Mar 2004, amend. SG. 103/23 Nov 2004, amend. SG. 24/22 Mar 2005, amend. SG. 43/20 May 2005 Chapter one. OBJECTIVE AND SCOPE OF THE PENAL CODE Section I. Objective of the Penal Code GENERAL Art. 1. (1) (Amend., SG 1/91) The Penal Code has the objective of defending against criminal encroachment on the personality and the rights of the citizens and the entire legal order established in the country. (2) For the purposes of achieving this objective the Penal Code determines which publicly dangerous acts are crime and what punishment shall be imposed for them, and establishes the cases when, instead of punishment, measures of public influence and instruction can be imposed. Section II. Scope of the Penal Code Art. 2. (1) Applied for each crime shall be the law which has been in force at the time of its perpetration. (2) If, until the enactment of the verdict different laws follow applied shall be the law which is most favourable for the perpetrator. Art. 3. (1) The Penal Code shall apply for every crime committed on the territory of the Republic of Bulgaria. (2) The issue of the responsibility of foreigners having immunity with respect of the criminal jurisdiction of the Republic of Bulgaria shall be resolved according to the norms of the international law adopted by it. Art. 4. (1) The Penal Code shall apply for the Bulgarian citizens and for the crimes committed by them abroad. (2) Bulgarian citizen shall not be handed over to a foreign state for trial or to sustain conviction. Art. 5. The Penal Code shall also apply for foreigners who have committed crime of general nature abroad, affecting the interests of the Republic of Bulgaria or of a Bulgarian citizen. Art. 6. (1) The Penal Code shall also apply regarding foreigners who have committed crime abroad against the peace and mankind, thus affecting the interests of another country or foreign citizens. (2) The Penal Code shall also apply for other crimes committed by foreigners abroad wherever stipulated by an international agreement party to which is the Republic of Bulgaria. Art. 7. In the cases of art. 4 and 5 the protective custody and the sustained conviction abroad shall be deducted. When the two punishments are heterogeneous the sustained conviction abroad shall be taken into consideration in determining the punishment by the court. Art. 8. The verdict of a foreign court for a crime for which the Bulgarian Penal Code applies shall be taken into consideration in the cases established by an international agreement party to which is the Republic of Bulgaria. Chapter two. CRIME Section I. General Art. 9. (1) Crime is the socially dangerous act (activity or inactivity) which has been committed by delinquency and declared by the law as punishable. (2) Not criminal is the act which, though formally contains the signs of a crime stipulated by the law, due to its minor importance is not socially dangerous or its social danger is obviously negligible. Art. 10. (Amend., SG 50/95) Socially dangerous is the act which threatens or harms the personality, the rights of the citizens, the property, the legal order in the Republic of Bulgaria established by the Constitution or other interests defended by the law. Art. 11. (1) The social dangerous act shall be considered delinquent when it is deliberate or negligently. (2) The act shall be considered deliberate if the perpetrator has been aware of its socially dangerous nature, he has foreseen its socially dangerous consequences and has wanted or admitted the occurrence of these consequences. (3) The act shall be considered negligent when the perpetrator has not foreseen the occurrence of socially dangerous consequences, but he has been obliged and could have foreseen them, or when he has foreseen the occurrence of these consequences but he had intended to prevent them. (4) The negligent acts are punishable only in the cases stipulated by the law. (5) When the law qualifies the act as a more serious crime due to the occurrence of additional socially dangerous consequences, if no deliberation is required for these consequences, the perpetrator shall be charged for the more serious crime if he has acted incautiously with regard to them. Art. 12. (1) Not considered socially dangerous shall be the act of justifiable defence - in order to defend against an immediate illegal attack state or public interests, the personality or the rights of the defender or of somebody else by causing damage to the aggressor within the frames of the necessary limits. (2) Considered shall be excess of the requirements of justifiable defence when the defence obviously does not correspond to the nature and the danger of the assault. (3) (Amend., SG 62/97) Regardless of the nature and the danger of the defence there shall be no excess of the requirements of justifiable defence if: 1. (Declared anti-constitutional - SG 120/97) the assault is carried out by two or more persons; 2. (Declared anti-constitutional - SG 120/97) the assailant is armed; 3. (Declared anti-constitutional regarding the words "country house estate or economic object" - SG 120/97) the assault has been carried out through penetration by force or by burglary into a house, country house estate or economic object; 4. (Declared anti-constitutional - SG 120/97) the assault is against a motor, airborne, water vessel or mobile rolling stock; 5. (Declared anti-constitutional - SG 120/97) the assault was carried out at night; 6. the assault cannot be repulsed in any other way. (4) (Prev. para 3 - SG 62/97) (Amend., SG 28/82) The perpetrator shall not be punished when he commits the act by exceeding the requirements of justifiable defence if this is due to scare or confusion. Art. 12a. (1) (New - SG 62/97) Socially dangerous shall not be considered causing damages to a person who has committed crime during his detention for handing over to the bodies of the authority and prevention of the possibility of committing another crime, if there is no way of his detention and if during this detention abuse of the necessary legal measures has not been admitted. (2) The necessary measure for detention of a person who has committed a crime shall be considered abused when there is an obvious discrepancy between the nature and the degree of the social danger of the crime committed by the detained person and the circumstances of the detention, as well as when obviously expressive damage has been caused to the person without any necessity. In these cases criminal responsibility shall be born only in the cases of deliberately caused damage. Art. 13. (1) Socially dangerous is not the act committed by someone in case of paramount necessity - to save state or public interests, as well as his own or somebody else's personal or proprietary wealth from immediate danger, which the perpetrator could not have avoided in any other way, if the damages caused by the act are less considerable than the prevented. (2) No paramount necessity exists when the very avoiding of the danger represents a crime. Art. 13a. (New, SG 28/82) (1) Socially dangerous is not the act committed with justifiable economic risk - in order to achieve a substantial socially useful result or to avoid considerable damages, if it does not contradict an explicit prohibition established by a normative act, corresponds to the modern scientific and technical achievements and experience, does not place in danger the life and the health of somebody else and the perpetrator has done everything depending on him for the prevention of the occurred harmful consequences. (2) Taken into consideration, in resolving the issue whether the risk is justified, shall also be the correlation between the expected positive result and the possible negative consequences, as well as the probability of their occurrence. Art. 14. (1) The unawareness of the actual circumstances belonging to the corpus delicti excludes the deliberation regarding this crime. (2) This provision also regards the negligent acts when the very unawareness of the actual circumstances itself is not due to negligence. Art. 15. The act shall not be considered delinquent if the perpetrator has not been obliged or could not have foreseen the occurrence of the socially dangerous consequences (occasional act). Art. 16. The act shall not be considered delinquent if it has been committed in fulfilment of an illegitimate official order, given by the established order, if it does not suppose a crime obvious to the perpetrator. Section II. Preparation and Attempt Art. 17. (1) Preparation is the provision of resources, finding accomplices and, in general, creation of conditions for committing the planned crime before its fulfilment. (2) The preparation is punishable only in the cases stipulated by the law. (3) The perpetrator shall not be punished when, by his own motives, he has given up the commitment of the crime. Art. 18. (1) The attempt is the started commitment of a deliberate crime whereas the act has not been completed or, though completed, the social dangerous consequences of this crime stipulated by the law or wanted by the perpetrator have not occurred. (2) For an attempt the perpetrator shall be punished by the penalty stipulated for the committed crime, taking into consideration the degree of fulfilment of the intention and the reasons for which the crime has remained unfinished. (3) The perpetrator shall not be punished for an attempt when, by his own motives: a) he has given up to complete the commitment of the crime or b) has prevented the occurrence of the criminal consequences. Art. 19. In the cases of art. 17, para 3 and art. 18, para 3, if the act in which the preparation or the attempt have been expressed, contains the signs of another crime the perpetrator shall be responsible for this crime. Section III. Implication Art. 20. (1) Accomplices in a deliberate crime are: the perpetrators, the abettors and the accessories. (2) Perpetrator is the one who participates in the very commitment of the crime. (3) Abettor is the one who has deliberately persuaded somebody else to commit the crime. (4) Accessory is the one who has deliberately facilitated the commitment of the crime through advice, explanations, promise to provide assistance after the act, removal of obstacles, providing resources or in any other way. Art. 21. (1) All accomplices shall be punished by the penalty stipulated for the committed crime, taking into consideration the nature and the degree of their participation. (2) The abettor and the accessory shall be responsible only for what they have deliberately abetted or helped the perpetrator. (3) When due to a definite personal quality or relation of the perpetrator the law proclaims the act as a crime responsible for this crime shall also be the abettor and the accessory for whom these circumstances are not present. (4) The particular circumstances due to which the law excludes, reduces or increases the punishment for some of the accomplices shall not be taken into consideration regarding the rest of the accomplices with respect of whom these circumstances are not present. Art. 22. (1) The abettor and the accessory shall not be punished if, by their own motives, they give up further participation and impede the commitment of the act or prevent the occurrence of the criminal consequences. (2) Applied in these cases shall be the provision of art. 19 respectively. Section IV. Multiple Crimes Art. 23. (1) If one act has been an instrument of several crimes or if one person has committed several individual crimes before a verdict has been enacted for any of them the court, upon awarding punishment for each crime individually shall impose the most serious of them. (2) (Amend., SG 92/02, amend. SG 103/04) The imposed punishments of public reprobation and deprivation of rights according to art. 37, para 1, item 6, and 9 shall be added to the awarded most serious punishment. If deprivation of equal rights is ruled the one with the longest term shall be imposed. (3) When the punishments are different in kind and some of them is a fine or confiscation the court can add it entirely or partially to the most serious punishment. Art. 24. When the imposed punishments are of the same kind the court can increase the awarded total most serious punishment by no more than one second, but the thus increased punishment cannot exceed the sum of the individual punishments, or the maximal size stipulated for the respective kind of punishment. Art. 25. (1) The provisions of art. 23 and 24 shall also apply when the person is convicted by individual verdicts. (2) In these cases, if the punishment under some of the verdicts has been incurred entirely or partially, it shall be deducted if it is of the kind of the total punishment awarded. (3) (amend. SG 103/04) The incurred punishment probation shall be deducted entirely from the imprisonment and vice versa, two days of probation being considered as one day imprisonment. (4) (New, SG 28/82) When, for one or more of the verdicts, the person has been acquitted from serving the sentence by the order of art. 64, para 1 or art. 66 the issue of serving the total sentence shall be settled at the time of its awarding. Art. 26. (Amend. and Suppl., SG 28/82; suppl., SG 10/93; amend., SG 50/95, SG 62/97; Amend., SG 92/02) (1) The provisions of art. 23 - 25 shall not apply in cases of continuing crime - when two or more acts which represent corpus delicti of one and the same crime, having been committed during periods of time of no significant length, in one and the same circumstances and with similarity of guilt, whereby the subsequent ones are, from objective and subjective point of view, a continuation of the preceding. (2) For continued crime the offender shall be punished with respect of the acts included in it, taken in their totality and the total criminal results caused by them. (3) Where the individual acts represent different corpus delicti the continued crime shall be punished regarding the more severe of them, taking into consideration the importance of the acts committed in qualifying circumstances and of the qualifying circumstances themselves for the entire criminal activity. (4) Where the qualifying circumstances have no particular effect on the severity of the entire criminal activity the latter shall be prosecuted by the more lenient corpus delicti, taking into consideration the qualifying circumstances in determining the punishment. (5) Where some of the acts have been completed and others represent an attempt and the completed acts do not have a significant effect on the nature of the entire criminal activity punishment as for an attempt shall be imposed on the offender. (6) The provisions of this Art. shall not apply regarding a crime against the personality of individual citizens and for crime committed after the introduction of the bill of indictment in court, as well as for crime committed before the introduction of the bill of indictment, but not included in it. Art. 27. (1) (Amend., SG 28/82) When a person commits a crime after being convicted by an absolute verdict of imprisonment, however before serving this punishment, the court shall add to the part of the punishment not served entirely or partially the punishment under the second verdict if it is imprisonment. The awarded total punishment cannot be less than the punishment under the second verdict. (2) (Suppl., SG 28/82) The punishment under the second verdict shall be added in full if it is imprisonment for more than five years or if it is imposed for a crime repeatedly committed or representing a dangerous recidivism. (3) If the person has committed a crime upon serving the sentence under the previous verdict the imposed punishment for this crime shall be served in full. Art. 28. (1) The punishment stipulated by the special part of this Code for a repeated crime shall be imposed if the perpetrator of a crime, after having been convicted by an absolute verdict for other such crime. (2) This provision shall also apply with respect of equal in kind crimes against the public and personal property. Art. 29. (1) The more serious punishments stipulated by the special part of this Code for crimes representing dangerous recidivism shall be impose when the perpetrator: a) (amend., SG 28/82) commits the crime after having been sentenced for a serious deliberate crime to imprisonment for no less than one year, whose fulfilment has not been postponed according to art. 66; b) (amend., SG 28/82) commits the crime after having been sentenced two or three times to imprisonment for deliberate crimes of general nature if the fulfilment of the punishment for at least one of them has not been postponed according to art. 66; (c) (revoked, SG 28/82) (2) The crimes committed by the perpetrator as juvenile shall not be taken into consideration in applying the provisions of the preceding para. (3) (New, SG 95/75) When there is a provision for a crime of simultaneous corpus delicti of repeated commitment and for dangerous recidivism and the act represents the quality of the two corpus delicti the provision for the dangerous recidivism shall apply. Art. 30. (1) The rules of art. 28 and 29 shall not apply if five years have elapsed from serving the sentence under the previous convictions. The rehabilitation within this period shall not exclude their application. (2) (New, SG 28/82) For probationary sentence and probationary release ahead of term the period under para 1 shall begin on the day on which the probation period elapses. Chapter three. CRIMINALLY RESPONSIBLE PERSONS Art. 31. (1) Criminally responsible is the person of age - who has accomplished 18 years of age, who in a state of sanity commits a crime. (2) A juvenile who has accomplished 14 years of age but who has not accomplished 18 years of age shall be criminally responsible if he could have realised the quality and the importance of the act and handle his conduct. (3) (Amend., SG 107/96) The juveniles whose acts cannot be imputed shall be accommodated by a court decision in a corrective boarding school or in other suitable establishment if so required by the circumstances of the case. (4) The special rules stipulated by this Code shall apply with respect of the criminal responsibility of the juveniles. Art. 32. (1) A juvenile who has not accomplished 14 years of age shall not be criminally responsible. (2) Applied, with respect of the juveniles who have committed social dangerous acts, can be respective corrective measures. Art. 33. (1) Criminally responsible shall not be the person who acts in a state of insanity, when to a mental underdevelopment or continuous or short-term mental disorder could not have understood the quality or the importance of the act or to handle his conduct. (2) (Amend., SG 95/75) Punishment shall not be imposed to a person who have committed a crime when, until the verdict, he lapses into a mental disorder, as a result of which he cannot realise the quality or the importance of his conduct or handle it. Such a person shall be subject to punishment if he recovers. Art. 34. Respective compulsory measures can apply in the cases stipulated by this Code regarding the persons under the preceding Art.. Chapter four. PUNISHMENT Section I. General Art. 35. (1) The criminal responsibility is personal. (2) Punishment can be imposed only on a person who has committed a crime stipulated by the law. (3) The punishment shall be adequate to the crime. (4) Punishment for a crime shall be imposed only by the established courts. Art. 36. (1) The punishment shall be imposed with the purpose of: 1. reform the convict toward observing the laws and the good morals, 2. preventive influence on him and eliminate the possibility of his commitment of other crime and 3. instructive and warning effect on the other members of the society. (2) The punishment cannot aim at causing physical suffering or humiliation of the human dignity. (3) (New, SG 153/98) There is no death penalty in the Republic of Bulgaria. Art. 37. (1) The punishments are: 1. (New, SG 50/95) life imprisonment; 1a. (Prev. item 1 - SG 50/95) imprisonment; 2. (New, SG 92/02) probation; 2a. (revoked – SG 103/04) 3. confiscation of available property; 4. fine; 5. (Revoked, SG 92/02) 6. revocation of the right to occupy definite state or public position; 7. revocation of the right to practice a definite profession or activity; 8. (Revoked, SG 92/02) 9. revocation of the right to received orders, honorary titles and insignia of honour; 10. revocation of military rank; 11. public reprobation. (2) (Amend., SG 153/98) Life imprisonment without alternative of the sentence as a temporary and exceptional measure is provided for the most serious crimes threatening the basis of the Republic, as well as for other dangerous deliberate crimes. Section II. Kinds of Punishments Art. 38. (Amend. and Suppl., SG 28/82; amend., SG 153/98) (1) The life imprisonment without alternative stipulated by the special part for a definite kind of crime shall be imposed only if the specific crime is exceptionally serious and the goals stipulated by art. 36 cannot be achieved by a lesser punishment. (2) The life imprisonment without alternative cannot be imposed on a person who, at the time of committing the crime has not accomplished twenty years of age and, regarding the military men, the same as in war time - eighteen years of age. The life imprisonment without alternative cannot also be imposed on a woman who was pregnant at the time of commitment of the crime or at the time of awarding the verdict. Art. 38.a. (New, SG 50/95) (1) Life imprisonment is a compulsory isolation of the convict until the end of his life in places of imprisonment for incurring the imprisonment sentence. (2) Life imprisonment shall be imposed when the committed crime is exceptionally serious. (3) Life imprisonment can be replaced by an imprisonment for a period of 30 years if the convict has incurred no less than twenty years.

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(1) The Penal Code shall apply for the Bulgarian citizens and for the interests, the personality or the rights of the defender or of somebody else (Declared anti-constitutional - SG 120/97) the assault is carried out by two handing over to the bodies of the authority and prevention of the possib
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Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.