Law Amending The Law On Administrative Violations And Penalties

Original Language Title: Закон за изменение и допълнение на Закона за административните нарушения и наказания

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15277/

Name of law
Law amending the Law on Administrative Violations and Sanctions




Name Bill
Bill amending the Law on Administrative Violations and Sanctions





Date of adoption
06/10/2015



Number / year Official Gazette
81/2015







DECREE № 200
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Administrative Violations and Sanctions adopted by HLІІI National Assembly on October 6, 2015
Released in Sofia on October 15, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on Administrative Violations and Sanctions (prom. SG. 92 of 1969 .; amend., SG. 54 of 1978 ., No. 28 of 1982, pcs. 28 and 101 in 1983, pcs. 89 1986 SG. 24 of 1987, pcs. 94 1990 pcs. 105 of 1991 ., No. 59 of 1992 pcs. 102 of 1995, pcs. 12 and 110 of 1996 Nos. 11, 15, 59, 85 and 89 of 1998, pcs. 51, 67 and 114 1999 SG. 92 of 2000, pcs. 25, 61 and 101 of 2002, pcs. 96 2004 pcs. 39 and 79 of 2005, pcs. 30, 33, 69 and 108 in 2006, pcs. 51, 59 and 97 of 2007, pcs. 12, 27 and 32 of 2009, pcs. 10, 33, 39, 60 and 77 of 2011, pcs. 19, 54 and 77 of 2012, pcs. 17 of 2013 pcs. 98 and 107 of 2014)
§ 1. In art. 83a be made the following amendments:
1. In para. 1:
a) in the text before item. 1 after the words "Art. 162, para. 1 and 2 "is added" art. 164, para. 1 "and a comma after the number" 242 "insert" 243, 244, 244A, 246, para. 3, 248a "and a comma, the number" 254 "is deleted after the number" 255 "insert" 255A "and a comma, the number" 257 "is deleted after the number" 280 "insert" 281, 282 " and a comma;
B) point 4 is amended as follows:
"4. an employee of that entity has assigned a job when the offense was committed in or in connection with this work, a property sanction to 1 million lev, but not less than the equivalent of an advantage when it is property; a penalty of up to one million lev need when the benefit pecuniary character or its size can not be found. "
2. A new paragraph. 2:
"(2) The property sanction shall be imposed on a legal person who is not domiciled in the Republic of Bulgaria in the event that the offense under par. 1 is committed on the territory of Bulgaria. "
Third. Former para. 2 becomes para. 3.
4. Former para. 3 becomes para. 4 and in it the word "perpetrator" is replaced by "accomplices committed."
5. Former para. 4 becomes para. 5 and are amended as follows:

"(5) takes to the Exchequer acquired entity direct or indirect proceeds of crime under par. 1, if not subject to return or refund or forfeiture under the Criminal Code. When the property or property - subject of the offense is missing or alienated, recognizes its money worth. "
6. Former para. 5 becomes para. 6.
§ 2. In art. 83b para. 1 made the following amendments:
1. In the text before item. 1, 'respective prosecutor to the administrative court "are replaced by" the prosecutor, who has jurisdiction to hear the case or the case of the offense, to the district court of the entity and in the cases of art. 83a para. 2 - the Sofia City Court ".
2. In item. 1 after the word "indictment" a comma and added "decree proposing the release of the perpetrator from criminal responsibility by imposing an administrative penalty or an agreement to resolve the case in court." 3
. In item. 2 creates letters "e" - "g":
"e) as provided in the special part of the Criminal Code in cases of general nature no complaint from the victim to the prosecutor;
F) the perpetrator is released from criminal responsibility by applying corrective measures;
G) is allowed transfer of criminal proceedings in another country. "
4. Created so. 3 and 4:
"3. when criminal proceedings were suspended on the grounds that:
a) after committing the crime the accused has fallen into a brief mental disorder, which excludes sanity or another severe disease that interferes with the conduct of the proceedings;
B) the proceedings in absentia would impede discovering the objective truth;
C) the perpetrator is a person with immunity;
4. after the entry into force of the decision under Art. 124, para. 5 of the Civil Code. "
§ 3. Article 83d is amended as follows:
" Art. 83d. (1) The court in closed session shall issue a ruling, which:
1. return the proposal to the prosecutor when not motivated or does not meet the requirements of the law;
2. close the case when the person is removed from the Commercial Register due to liquidation or bankruptcy.
(2) The court shall consider the proposal to a panel of one judge in open court of the court and summoned the legal person.
(3) Failure of the representative of a legal person when calling regularly, does not preclude consideration of the case.
(4) The court shall collect evidence ex officio or at the request of the parties.
(5) The court shall hear the case and on the basis of the evidence assessed:
1. completed a legal entity unlawful benefit;
2. there is a connection between the perpetrator and the legal entity;
3
. Is there a link between the crime and the benefit to the entity;
4. what kind of benefit and its amount, if material.
(6) The court shall render a decision:
1. pecuniary sanction;
2. refused to impose a fine.
(7) The decision under par. 6 para. 1 includes:
1. data entity;
2. Data on the origin, type and amount of benefit; 3
. the fine imposed penalty payment;
4. description of the property which shall be forfeited to the State, if any;
5. determining costs.
(8) In cases of factual and legal complexity reasoning may be drawn up and after the ruling, but not later than 30 days. "
§ 4. Article 83d is amended as follows: | || "Art. 83d. (1) The decision of the district court under Art. 83d para. 6 subject to appeal or protest before the appellate court within 14 days of notification to the parties.
(2) The hearing shall be held in open session of the court. For the hearing and calling entity.
(3) In proceedings before the Court of Appeal allowed only written evidence.
(4) The Court of Appeal ruled in a decision that may:
1. annul the decision of the district court and remand the case for retrial, when in the course of proceedings before the first instance admitted significant breaches of procedural rules;
2. annul the decision of the district court to impose a penalty payment; 3
. annul the decision of the district court and refuse to impose a penalty payment;
4. amend the decision of the district court;
5. confirm the decision of the district court.
(5) The decision of the appellate court is final. "
§ 5. Article 83E is amended as follows:
" Art. 83E. (1) The production, which gave rise to an effective decision of the district or appellate court, be resumed when:
1. a final verdict or decision found that some of the documentary evidence on which the act was issued are false or incorrect;
2. by a final judgment or decision establishes that the judge, prosecutor, party or participant in the proceedings has committed a crime in connection with his participation in the proceedings; 3
. after the entry into force of the decision to impose a pecuniary penalty of the entity person under Art. 83a para. 1, p. 1-4 is justified by an effective judicial act or suspended pre-trial proceedings are terminated by the prosecutor in the cases of art. 24, para. 1 pt. 1 of the Criminal Procedure Code;
4. after the entry into force of the decision to reveal the circumstances or evidence which were not known to the party and the court and are essential to production;

5. a decision of the European Court of Human Rights found a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is essential to the case;
6. in the proceedings substantive breach of procedural rules.
(2) The request for renewal can be done in 6 months after the date on which the cause, and in the cases under par. 1, p. 6 - from the entry into force of the decision of the district or appellate court.
(3) The request for renewal does not stop execution of the final judgment, unless the court decides otherwise.
(4) Request for reopening of the proceedings can not do:
1. district attorney;
2. legal entity, which is imposed penalty payment.
(5) The request for renewal shall be considered by the appellate court in the judicial district of which is the authority that issued the final judgment.
(6) The Court of Appeal considered the request to a panel of three judges. In cases where the reopening of proceedings on the decision of the appellate court, the request shall be considered by another panel of the district court.
(7) The case shall be heard in open session of the court. For the hearing and calling entity.
(8) Should the request for reopening founded, the Court of Appeal annulled the decision and returned the case for reconsideration, stating the action, we have to start re-examination. "
§ 6. A Art. 83zh:
"Art. 83zh. For all art. 83b, 83d - 83E, the provisions of the Criminal Procedure Code. "
§ 7. In additional provision be made the following amendments:
1. After the words "under this Act" a colon and the text becomes so until the end. 1.
2. Created t. 2 and 3:
"2. "Direct benefit" is any favorable change in the legal sphere of the entity occurred as an immediate consequence of the crime. 3
. "Indirect tax" is:
a) acquired as a result of the disposition of the subject matter of the offense;
B) chattel or property acquired through surgery or deal with the direct proceeds of crime;
C) property, which has transformed the direct proceeds of crime. "
Transitional and Final Provisions
§ 8. Pending proceedings in the administrative courts under Art. 83a - 83E terminated and sent in competence of the respective district court.
§ 9. This Act shall come into force one month after its publication in the "Official Gazette".
The law was adopted by the 43rd National Assembly on October 6, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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