PENAL PROCEDURE CODE
Prom. SG. 89/15 Nov 1974, corr. SG. 99/20 Dec 1974, corr. SG. 10/4 Feb 1975, amend. SG. 84/28 Oct 1977, amend. SG. 52/4 Jul 1980, amend. SG. 28/9 Apr 1982, corr. SG. 38/14 May 1982, amend. SG. 89/18 Nov 1986, amend. SG. 31/17 Apr 1990, corr. SG. 32/20 Apr 1990, corr. SG. 35/2 May 1990, amend. SG. 39/7 May 1993, amend. SG. 109/28 Dec 1993, amend. SG. 110/30 Dec 1993, amend. SG. 84/14 Oct 1994, amend. SG. 50/1 Jun 1995, suppl. SG. 107/17 Dec 1996, amend. SG. 110/30 Dec 1996, amend. SG. 64/11 Aug 1997, corr. SG. 65/14 Aug 1997, amend. SG. 95/21 Oct 1997, amend. SG. 21/20 Feb 1998, amend. SG. 45/21 Apr 1998, suppl. SG. 26/23 Mar 1999, amend. SG. 70/6 Aug 1999, amend. SG. 88/8 Oct 1999, amend. SG. 42/27 Apr 2001, amend. SG. 74/30 Jul 2002, amend. SG. 50/30 May 2003, amend. SG. 57/24 Jun 2003, amend. SG. 26/30 Mar 2004, suppl. SG. 38/11 May 2004
Part one.
GENERAL RULES
Chapter one.
TASKS AND LIMITS OF OPERATION OF THE PENAL PROCEDURE CODE
Task of the Penal Procedure Code
Art. 1. (1) The Penal Procedure Code shall lay down the procedure of carrying out the penal proceedings with the purpose of ensuring detection of crimes, denunciation of culprits and proper implementation of the law.
(2) (Amend., SG, No. 50/1995; No. 64/1997) By implementing the tasks under the preceding para, the Penal Procedure Code shall ensure the defence against criminal encroachments aimed at the Republic of Bulgaria, at the life, freedom, honour, rights and legitimate interests of citizens, as well as at the rights and legitimate interests of juridical entities, and shall help for the prevention of crimes and consolidation of legality.
Operation by Subject-Matter
Art. 2. (1) (Amend., SG, No. 50/1995) The Penal Procedure Code shall apply to all criminal cases instituted by the authorities of the Republic of Bulgaria.
(2) The Penal Procedure Code shall also apply in the cases of performing court orders of another country, placed by virtue of an agreement or under the terms of reciprocity.
Operation by Time
Art. 3. The provisions of the Penal Procedure Code, as of the moment of their coming into force, shall also apply to the procedural acts impending on uncompleted penal proceedings.
Operation by Location
Art. 4. (1) (Amend., SG, No. 50/1995) Penal proceeding instituted by an body of another country and the absolute verdict passed by a court of another country shall not be an obstacle to the institution of penal proceedings by the authorities of the Republic of Bulgaria regarding the same crime and against the same person.
(2) (Amend., SG, No. 50/1995) The absolute verdict passed by a court of another country shall not be subject to enforcement by the authorities of the Republic of Bulgaria.
(3) (Amend., SG, No. 50/2003 – takes effect three days after May 30, 2003) The provisions of paras 1 and 2 shall not apply, if stipulated otherwise in an international treaty under which the Republic of Bulgaria is a party, which has been ratified and has entered into force.
Operation with Regard to Persons Enjoying Immunity
Art. 5. (Amend., SG, No. 50/1995) In relation to persons enjoying immunity with regard to the criminal jurisdiction of the Republic of Bulgaria, the proceedings provided for in this Code may only be performed in accordance with the regulations of international law.
Chapter two.
FUNDAMENTAL PRINCIPLES
Administration of Justice on Criminal Cases Solely by the Courts
Art. 6. (1) (Amend., SG, No. 50/1995) Justice on criminal cases may only be administered by the courts established by the Constitution of the Republic of Bulgaria.
(2) Courts of emergency jurisdiction on criminal cases shall not be allowed.
Participation of Court Assessors in the Penal Proceedings (Title Amend., SG, No. 70/1999)
Art. 7. (1) (Amend., SG, No. 64/1997, No. 70/1999) In the cases and as provided in this code, court assessors shall take part in the penal proceedings.
(2) Court assessors shall enjoy the same rights as judges.
(3) (Revoked, SG, No. 64/1997)
Requirement for Appointment of Judges and Court Assessors
Art. 8. (Amend., SG, No. 64/1997) The composition of the court shall comprise only judges and court assessors, appointed according to the established procedure.
Independence of the Court, the Prosecutor and the Investigating Bodies (Title Amend., SG, No. 70/1999)
Art. 9. (Amend., SG, No. 70/1999) In carrying out their functions, the court, the prosecutor and the investigating bodies shall be independent and shall be subservient only to the law.
Equality of Citizens in the Penal Proceedings
Art. 10. (1) All citizens involved in the penal proceedings shall be equal before the law. No privileges or restrictions based on nationality, origin, religion, sex, race, education, social or property status shall be allowed.
(2) (Amend., SG, No. 70/1999) The court and the bodies of the pre-trial proceedings shall apply the laws precisely and equally to all citizens.
Language of the Penal Proceedings
Art. 11. (1) The penal proceedings shall be conducted in Bulgarian language.
(2) The persons, who do not speak Bulgarian language, may use either their native or another language. In such case, an interpreter shall be appointed.
Detection of the Objective Truth
Art. 12. (1) (Amend., SG, No. 70/1999) The courts and the bodies of the pre-trial proceedings shall, within the limits of their jurisdiction, be obligated to take all measures to ensure the detection of the objective truth.
(2) The objective truth shall be detected in accordance with the procedure and through the means provided by this Code.
Publicity of Court Hearings
Art. 13. Court hearings shall be public, except in the cases provided for in this Code.
Right of Defence
Art. 14. (1) The accused shall be entitled to defence.
(2) The accused shall be considered innocent until the conclusion of the penal proceedings with an absolute verdict establishing the contrary.
(3) The accused and the other citizens participating in the penal proceedings shall be provided with all procedural remedies necessary for the protection of their rights and legitimate interests.
(4) (Amend., SG, No. 70/1999) The court and the bodies of the pre-court proceeding shall make clear to the accused and to the other citizens participating in the penal proceedings their procedural rights and shall provide them with the possibility to exercise those rights.
Inviolability of Person
Art. 15. (1) (Amend., SG, No. 99/1974) No measures of coercion shall be taken in relation to the citizens taking part in the penal proceedings, except in the cases and in accordance with the procedure stipulated in this Code.
(2) No citizen may be detained for more than 24 hours without the permission of the court or the prosecutor.
(3) (Amend., SG, No. 70/1999) The court and the bodies of the pre-court proceedings must release every citizen who has been unlawfully deprived of freedom.
Taking Decisions by Inner Conviction
Art. 16. (1) (Amend., SG, No. 70/1999) The court and the bodies of the pre-trial proceedings shall take their decisions by inner conviction, based on objective, thorough and complete investigation of all circumstances of the case, under the guidance of the law.
(2) Evidence and the instruments of its establishment shall not have preliminarily determined strength.
Immediacy
Art. 17. (Amend., SG, No. 70/1999) The court and the bodies of the pre-trial proceedings shall base their decisions on evidence, which they shall gather and examine in person, except in the cases provided for in this Code.
Oral Penal Proceedings
Art. 18. The penal proceedings shall be oral, except in the cases provided for in this Code.
Parties’ Equal Rights
Art. 19. The parties in the court proceedings shall have equal procedural rights, except in the cases provided for in this Code.
Chapter three.
INSTITUTION, DISCONTINUATION AND SUSPENSION OF THE PENAL PROCEEDINGS (Title, Amend., SG, No. 70/1999)
Obligation for Institution of Penal Proceedings (Title, Amend., SG, No. 70/1999)
Art. 20. (Amend., SG, No. 70/1999) Wherе the conditions provided for in this code are present, the competent state body shall be obligated to institute penal proceedings.
Grounds Excluding the Institution of Penal Proceedings and Grounds for Discontinuation Thereof (Title amend., SG, No. 70/1999)
Art. 21. (1) (Amend., SG, No. 70/1999) No penal proceedings shall be instituted or the instituted proceedings shall be discontinued, where:
1. The act does not constitute a criminal offence;
2. The perpetrator is not liable to criminal proceedings because of amnesty;
3. The criminal liability has been extinguished by prescription;
4. The perpetrator has died;
5. After the perpetration of the offence, the perpetrator has fallen into continuous mental disorder, which excludes sanity;
6. In relation to the same person there are uncompleted penal proceedings, an absolute verdict, an order or an effective court ruling for dismissal;
7. (Amend., SG, No. 50/2003 – takes effect three days after May 30, 2003) the perpetrator is discharged from criminal liability through implementation of educational measures;
8. (Amend., SG, No. 50/2003 – takes effect three days after May 30, 2003) in the cases provided for in the Special Part of the Penal Code, before commencement of the court proceedings, the injured person makes a motion that the penal proceedings are discontinued.
(2) (Amend., SG, No. 50/2003 – takes effect three days after May 30, 2003) In the cases under items 2, 3 and 8 of the preceding para the penal proceedings shall not be discontinued, if the accused or the defendant makes a motion that they are continued. Amnesty or prescription shall not be an obstacle for the reopening of the penal proceedings, if the convicted makes a motion to that effect or if the prosecutor moves a proposal for absolutory sentence.
(3) (New, SG, No. 70/1999) The proceedings on common nature criminal cases shall also be discontinued when the court approves a negotiated agreement on the discontinuance of the penal proceedings.
(4) (Amend., SG, No. 50/2003 – takes effect three days after May 30, 2003) In the cases provided for in the Special Part of the Penal Code, penal proceedings of common nature shall not be instituted, while instituted proceedings shall be discontinued, if there is no appropriate complaint by the injured person according to Art. 186, para 3, filed with the prosecutor.
(5) (Amend., SG, No. 99/1974; prev. para 3, SG, No. 70/1999; prev. para 4, SG, No. 50/2003) Except in the cases under para 1, no penal proceedings shall be instituted for an offence subject to prosecution on a complaint of the injured person, and the instituted proceedings shall be discontinued also, where:
1. There is no complaint;
2. The complaint does not satisfy the requirements referred to in Art. 57;
3. The injured person and the perpetrator have become reconciled with one another, except if the perpetrator has failed to fulfil the terms and conditions of the reconciliation without valid reasons;
4. The private complainant withdraws his or her complaint;
5. (Suppl., SG, No. 70/1999) the private complainant was not found at the address stated by him or her or did not appear before the court without valid reasons. This provision shall not apply if his or her attorney appears before the court.
(6) (Prev. para 4, SG, No. 70/1999: prev. para 5, SG No. 50/2003) In the cases referred to in item 5 of the preceding para, the injured person may file a new complaint, if the term referred to in Art. 57, para 4 has not expired.
Suspension of the Penal Proceedings
Art. 22. (Amend., SG, No. 28/1982: prev Art. 22, SG No. 50/2003) The penal proceedings shall be suspended:
1. Where, following the commission of the offence, the accused person has fallen into a brief mental disorder, which excludes sanity or in case he or she suffers from another severe disease, which impedes the carrying out of the proceedings;
2. (Item 2, amend., SG No. 28/1982, revoked, prev. item 3, amend., SG, No. 89/1986, No. 70/1999) in the cases of Art. 268, para 3, if the hearing of the case in the absence of the accused would impede the detection of the objective truth.
(2) (New, SG, No. 50/2003 – takes effect three days after May 30, 2003) The penal proceedings may be suspended in the cases referred to in Art. 207, para 3.
Suspension of the Penal Proceedings for Crimes Committed in Implication
Art. 22a. (New, SG, No. 89/1986) In case of crimes committed in implication, where the requirements for splitting are not there, the penal proceedings may be suspended in relation to one or several accused persons, if that would not impede the detection of the objective truth.
Chapter four.
COURT
Section I.
Court Composition and Challenges (Title, amend., SG, No.70/1999)
Composition of the Court (Title, amend., SG, No.70/1999)
Art. 23. (Amend., No. 21/1998, No. 70/1999)
(1) The court shall hear the criminal cases in the first instance in the composition of:
1. One judge, where a punishment of up to five years of imprisonment is provided for the offence;
2. A judge and two court assessors, where imprisonment of more than five years is provided for the offence;
3. Two judges and three court assessors, where no less than fifteen years of confinement or life imprisonment are provided for the offence.
(2) When hearing the cases in the appellate instance, the court shall sit in the composition of three judges.
(3) When hearing the cases in the cassation instance, the Supreme Court of Cassation shall sit in the composition of three judges.