Law Amending And Supplementing The Criminal Code

Original Language Title: Закон за изменение и допълнение на Наказателния кодекс

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15452/

Name of law a law amending the Penal Code Bill name WALL of the Penal Code adoption date 17/09/2015 number/year Official Gazette 74/2015 Decree No 175

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the criminal code, adopted by the HLIIÌ National Assembly on 17 September 2015.

Issued in Sofia on 24 September 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Hristo Ivanov

LAW

to amend the Criminal Code (official SG. 26 of 1968; Corr. 29/1968; amend., SG. 92, 1969, no. 26 and 27 of 1973, no. 89 of 1974, no. 95 of 1975, no. 3 of 1977, 54/1978, no. 89 of 1979, no. 28 of 1982; Corr. , PC. 31 of 1982; amend., SG. 44 of 1984, PCs. 41 and 79 since 1985; Corr, PCs. 80 of 1985; amend., SG. 89 of 1986; Corr, PCs. 90 of 1986; amend., SG. 37, 91 and 99 of 1989, PCs. 10, 31 and 81 of 1990, St. 1 and 86 of 1991; Corr, PCs. 90 of 1991; amend., SG. 105 of 1991, PCs. 54 of 1992, issue. 10 since 1993, PCs. 50 of 1995; Decision No 19 of the Constitutional Court from 1995 – PCs. 97 of 1995; amend., SG. 102 of 1995, PCs. 107 of 1996, PCs. 62 and 85 of 1997; Decision No 19 of the Constitutional Court from 1997 – PCs. 120 of 1997; amend., SG. 83, 85, 132, 133 and 153 of 1998, PCs. 7, 51 and 81 of 1999, issue. 21 and 51 by 2000; Decision of the Constitutional Court No. 14 of 2000 – PCs. 98 by 2000; amend., SG. 41 and 101 of the 2001 PCs. 45 and 92 by 2002, PCs. 26 and 103 of 2004, PCs. 24, 43, 76, 86 and 88 of 2005, St. 59, 75 and 102 in 2006, PCs. 38, 64, 57, 85, 89 and 94 in 2007, PCs. 19, 67 and 102 by 2008, PCs. 12, 23, 27, 32, 47, 80, 93 and 102 of 2009, PCs. 26 and 32 from 2010, PC. 33 and 60 by 2011, issue. 19, 20 and 60 by 2012 PCs. 17, 61 and 84 from 2013, PCs. 19, 53 and 107 from 2014, PC. 14, 24 and 41 by 2015.)

§ 1. In art. 16 and the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) is not guilty of the acts were committed, which is powered by an underage person, injured by a crime under art. 155, 156, 158 and art. 188, para. 2, or by a minor, used for creating pornographic material when it was forced to place him in direct connection with it. "

§ 2. In art. 79 para. 2 shall be amended as follows:

"(2) are not excluded-barred prosecution and execution of punishment in respect of:

1. crimes against peace and humanity;

2. serious offences in chapter two, section I, section II, section IV and section V; Chapter III, section I, section II and section III; Chapter Eleven, section III of the special part of the Penal Code committed in the period from 9 September 1944 to 10 November 1989 by members of the governing bodies of the Bulgarian Communist Party, as well as by third parties entrusted with guiding officials or party functions. "

§ 3. In art. 93 following amendments and supplements shall be made:

1. In paragraph 15 creates a letter "g":

"d) functions of the arbitrator awarded in accordance with the law of a foreign country;".

2. Point 28 shall be replaced by the following:

"28." Pornographic material "has been prepared in any way offensive, unacceptable or incompatible with public morality, the content material depicts real or simulated bludstveno action, copulation, intercourse, including bestiality, masturbation, sexual sadism or masochism, and lewd display of the genitals of the person;".

3. an item 30:

"30." Pornographic show "is a live presentation or in real time to another of the lewd display of sexual organs of a person not yet 18 years of age, or of the participation of such a person in actual or simulated bludstveno action, copulation, intercourse, including bestiality, masturbation, sexual sadism or masochism."

§ 4. In art. 108 and the following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "art. 216, para. 1 and 5 "is added" art. 319 b-319 (d) "and a comma.

2. paragraph 2 is replaced by the following:

"(2) That in any way, directly or indirectly, collect or provide financial or other resources, or implies that they will be used in whole or in part:

1. to carry out the Act under para. 1;

2. the organization or group that aims to carry out the Act under para. 1 or 3;

3. by a person, committed an offence under para. 1,

shall be punished by imprisonment from three to twelve years. "

3. Create a new para. 4 and al. 5, 6 and 7:

"(4) Which trained for the purpose of committing a crime under para. 1 shall be punished by imprisonment of up to eight years.

(5) an offender under paragraph 1. 4 do not get punished, if you voluntarily reveal of power before a crime has been committed under para. 1.

(6) a Bulgarian citizen, who came out in the border of the country in order to participate in a crime under para. 1-4, including against another State, shall be punished with imprisonment of up to ten years.

(7) the punishment under para. 6 and the alien in order to participate in a crime under para. 1-4, including against another State, came across the border of the country or illegally reside in her. "

4. The current paragraph. 4 it al. 8.

§ 5. In art. 110 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) an alien who, within the territory of the country is preparing to commit abroad a crime under art. 108a, para. 1 shall be punished by imprisonment of up to six years but not more than the penalty provided for in art. 108a, para. 1. "

§ 6. In art. 149 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) For fornication, the penalty is imprisonment of two to eight years where it has been committed: 1. by use of force or intimidation;

2. by bringing the victim in a helpless state;

3. using the helpless state of the victim;

4. through the use of position of dependence or control;

5. in the case of a person who is engaged in prostitution. "

2. in the Al. 4 creating new item 2:

"2. If it has been committed in respect of a person who does not understand the importance of the property or committed;".

§ 7. In art. 150 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the punishment under para. 1 and to the one who commits an offence under subsection. 1 in the case of a minor, which deals with prostitution. "

2. The current paragraph. 2 it al. 3 and in her words "in particularly serious cases" shall be replaced by "When the Act under para. 1 has been committed in respect of a person who does not understand the importance of the property or, or what constitutes a particularly serious case "and a comma.

§ 8. In art. 151 following amendments and supplements shall be made: 1. a new paragraph. 2:

"(2) where the Act referred to in paragraph 1. 1 was committed:

1. through the use of position of dependence or control;

2. in the case of a person not yet 14 years of age who is engaged in prostitution;

3. two or more persons, the penalty is imprisonment of two to eight years. "

2. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 9. In art. 154 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and the words "having given or promised benefit" and commas before and after they are deleted.

2. a para. 2:

"(2) where the Act referred to in paragraph 1. 1 repeated or was committed by two or more persons, the penalty is imprisonment of one to five years. "

§ 10. (A) Article 155 is amended as follows:

"Art. 155. (1) Where by an information or communications technology or otherwise provides or collects information about the minor's person 18 years of age, in order to establish contact with him to perform the bludstveno action, copulation, intercourse, prostitution, setting up pornographic material or to participate in a pornographic performance, shall be punished with imprisonment from one to six years and a fine of five thousand to ten thousand BGN.

(2) the punishment under para. 1 and that through information or communications technology or otherwise contact person, minor 14 years of age, for the purpose of carrying out the action bludstveno, copulation, intercourse, to create pornographic material or to participate in a pornographic performance. "

§ 11. In art. 155 (b) make the following amendments and additions:

1. The current text becomes paragraph 1 and in her words "imprisonment of up to three years or with probation" are replaced by "imprisonment of up to five years."

2. a para. 2:

"(2) where the Act referred to in paragraph 1. 1 was committed:

1. by use of force or intimidation;

2. through the use of position of dependence or control;

3. two or more persons, up in advance;

4. again,

the punishment is imprisonment from two to ten years. "

§ 12. Art is created. 155 in:

"Art. 155. in which, through the use of force or intimidation, or through the use of position of dependence or control minor does tend to participate in actual, virtual or simulated bludstveno action, copulation, intercourse, including bestiality, masturbation, sexual sadism or masochism, as well as for lewd display of human sex organs, shall be punished with imprisonment of up to five years. "

§ 13. Article 157 shall be amended as follows:

"Art. 157. (1) who commits sexual intercourse or acts of sexual satisfaction with a person of the same sex, as it uses force or intimidation, or using a position of dependence or control, and with a face devoid of opportunity for self-defence is punishable by deprivation of liberty from two to eight years.

(2) where an offence under subsection. 1 has been committed in respect of a minor, which is involved in prostitution, the penalty is imprisonment of three to ten years.


(3) where the Act referred to in paragraph 1. 1 has been committed in respect of a person not yet 14 years of age, the punishment is imprisonment from three to twelve years.

(4) who commits sexual intercourse or acts of sexual satisfaction with a person of the same sex, a minor 14 years of age shall be punished by imprisonment of two to six years.

(5) where the Act referred to in paragraph 1. 4 it has been committed in respect of a person not yet 14 years of age who is engaged in prostitution, the penalty is from two to eight years.

(6) who commits sexual intercourse or acts of sexual satisfaction with a person of the same sex who has completed 14 years of age who does not understand the importance of the property or committed, be punished by imprisonment of two to six years.

(7) where the Act referred to in paragraph 1. 1 – 6 represents a particularly severe case, the punishment is imprisonment from five to twenty years. "

§ 14. Article 158 shall be repealed.

§ 15. (A) Article 158 shall be amended as follows:

"Art. 158. (1) Where in any way support or recruits, using the minor's person 18 years of age, or group of such persons to participate in a pornographic performance, shall be punished with imprisonment of up to six years.

(2) that forces a person not yet 18 years of age, or group of such persons to participate in a pornographic performance, shall be punished with imprisonment from one to six years.

(3) where the Act referred to in paragraph 1. 1 or 2 has been made in respect of the minor's person 14 years of age, the penalty is imprisonment of two to eight years.

(4) When the deed is obtained from real estate tax, the penalty is:

1. in the cases referred to in para. 1 or 2 – deprivation of liberty from two to eight years and a fine from ten thousand to twenty thousand;

2. in the cases referred to in para. 3 – deprivation of liberty from three to ten years and a fine of twenty thousand to fifty thousand euro.

(5) who watches pornographic performance, in which a person participates, minor's 18 years of age, shall be punished with imprisonment of up to three years. "

§ 16. Art is created. 158 (b):

"Art. 158 (b). A crime under art. 149 – 157 or art. 158 and the Court may impose, and deprivation of the right under art. 37, para. 1, item 6 or 7. "

§ 17. In art. 159 following amendments and supplements shall be made:

1. In paragraph 8. 2 the word "Internet" is replaced by "information or communications technology".

2. Paragraph 4 is replaced by the following:

"(4) with regard to the behaviour defined under para. 1-3 the penalty is imprisonment of up to six years and a fine up to eight thousand, when:

1. the creation of the pornografskiâ material is used, the minor's person 18 years of age, or a person who appears as such;

2. the creation of the pornografskiâ material is used, a person who does not understand the importance of the property or committed;

3. was committed by two or more persons;

4. was committed again. "

3. in the Al. 6 the words "computer system" shall be replaced by "information or communications technology" and the words "or a fine" shall be replaced by ' and to a fine ".

4. a new para. 7:

"(7) the punishment under para. 6 and that through information communication technology or knowingly access pornographic material, the creation of which has been used minor's person 18 years of age, or a person who looks like one. "

5. a para. 8:

"(8) in the cases referred to in para. 1-7, the Court may impose, and deprivation of the right under art. 37, para. 1, item 6 or 7. "

6. The current paragraph. 7 it al. 9.

§ 18. In art. 164, para. 1, after the words "who preached" insert "or incite to discrimination or violence".

§ 19. In art. 167 is hereby amended as follows:

1. In paragraph 8. 1 the words "three years" is replaced by "from one to three years".

2. in the Al. 2, the words "within five years" shall be replaced by ' of one to six years. "

3. in the Al. 3 the words "from one to six years and a fine of five thousand to twenty thousand euro" shall be replaced by ' from one to seven years and a fine from ten thousand to twenty-five thousand ".

4. in the Al. 5, the words "from one to six years ' shall be replaced by ' of two to seven years and a fine from ten thousand to thirty thousand."

§ 20. In art. 168A, al. 1 the words "three years" is replaced by "from one to six years."

§ 21. In art. 169 words "up to three years or with probation" are replaced by "between one and five years."

§ 22. Article 188 shall be replaced by the following: "art. 188. (1) a person who is eager, yet 18 years of age to commit a crime through coercion or through the use of position of dependence or supervision shall be punished with imprisonment of up to five years.

(2) the punishment under para. 1 and the minor's eager person 18 years of age to prostitution through coercion or through the use of position of dependence or control.

(3) When the offence under para. 1 or 2 have been harmful consequences for the physical, mental or moral development of the victim, when the Act does not constitute a more serious offense, the penalty is imprisonment of one to six years and a public reprimand.

(4) where an offence under subsection. 2 it has been committed in respect of a person not yet 14 years of age, the penalty is imprisonment of one to ten years.

(5) in the cases referred to in para. 1-4, the Court may impose, and deprivation of the right under art. 37, para. 1, item 6 or 7. "

§ 23. In art. 251 al. 1 shall be amended as follows:

"(1) Who fails to fulfill the obligation to declare the cash, precious metals, precious stones and art.s thereof, carried across the border of the country, which is an external border of the European Union, and the value of the object of crime in a particularly large size, shall be punished with imprisonment of up to six years or with a fine of double the amount of the object of crime."

§ 24. In art. 280 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "of five hundred to one thousand euro" shall be replaced by ' from five thousand to twenty thousand euro.

2. in the Al. 2:

and in the text) before item 1, the words ' from one thousand to three thousand euro "shall be replaced by ' of ten thousand to thirty thousand";

b) point 5 is replaced by the following:

"5. the translation was organized by a group or organization".

3. a new paragraph. 3:

"(3) the punishment is imprisonment from three to twelve years, a fine of ten thousand to thirty thousand and the confiscation of part or all of the property of the perpetrator, when the Act is committed with the participation of an official who has taken advantage of his official position."

4. The current paragraph. 3 it al. 4 and finally, add "or granted voluntary."

§ 25. In art. 281 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and after the words "to reside" there shall be added "or the words" passes "and a fine of one thousand to eight thousand" are replaced by "imprisonment of up to five years and a fine of three thousand to ten thousand."

2. Al are created. 2 and 3:

"(2) the punishment is imprisonment of one to six years and a fine of five thousand to twenty thousand, when the Act is:

1. committed through the use of a motor, an aircraft or other means of transport;

2. organized by the group or organization;

3. carried out in a manner dangerous to the life of the person;

4. made in respect of the minor's person 16 years of age;

5. made in respect of more than one person.

(3) in the cases referred to in para. 2, paragraph 1 shall be withdrawn in favour of the State, if it is the perpetrator or his granted voluntary. "

§ 26. Article 303 shall be repealed.

§ 27. Art is created. 304:

"Art. 304. the Penalties in the previous articles shall be imposed and when with the consent of an official, a foreign official or person who claims he can exert influence, the gift or benefit offered, promised or given to anyone. "

§ 28. In art. 343, para. 3 is hereby amended as follows:

1. In subparagraph (a), the words "five years" shall be replaced by the words "six years", and the words "eight years" shall be replaced by the words "ten years".

2. In point (b), the words "ten years" shall be replaced by "15 years", and the words "fifteen years" shall be replaced by "twenty years".

§ 29. In art. 343 (b) the following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "within the year" shall be replaced by ' of one to three years and with a fine of two hundred to one thousand euro.

2. in the Al. 2, the words ' two years ' shall be replaced by ' of one to five years ", and the words" one hundred to three hundred Bulgarian Leva "are replaced by" the five hundred to one thousand and five hundred euro.

3. in the Al. 3 the words ' two years ' shall be replaced by ' of one to three years and to a fine of five hundred to one thousand and five hundred euro.

4. a para. 4:

"(4) if the Act referred to in paragraph 1. 3 has been committed, the punishment is imprisonment from one to five years and a fine of five hundred to one thousand and five hundred euro.

§ 30. In art. 343 in the following modifications are made:

1. In paragraph 8. 1, the words ' two years ' shall be replaced by ' up to three years and with a fine of two hundred to one thousand euro.

2. paragraph 2 is replaced by the following:

(2) within one year of his punishment by administrative order for driving a motor vehicle without a licence respectively carried out such an Act, shall be punished with imprisonment from one to three years and to a fine of five hundred to twelve hundred euro. "

§ 31. In art. 344 is hereby amended as follows:

1. In paragraph 8. 1, the words "within five years" shall be replaced by ' from one to seven years. "

2. in the Al. 2, the words "of one hundred to three hundred Bulgarian Leva" are replaced by "a thousand to five thousand".

Additional provision

§ 32. This law introduces the requirements of Directive 2011/93/EC of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography and for the replacement of Council framework decision 2004/68/JHA (OJ L 335/1 of 17 December 2011; Corr, OJ L 18/7 of 21 January 2012).

Transitional and final provisions

§ 33. Pending proceedings for offences under art. 167, para. 2, art. 168 a, art. 343, para. 3 and 4 and in article 5. 344, para. 1 completed in the previous row.


§ 34. In the law of forfeiture to the State of illegally acquired property (official SG. 38 by 2012, decision No 13 of KC of RB-82/07 by 2012; amend., SG. 102 and 103 from 2012 15/2013, decision No 2 of the STS of the RB-50 PCs by 2013; amend., SG. 66 by 2013. , PC. 98 by 2014, PC. 14 and 22 by 2015.) in art. 22, para. 1, item 4, the words "article. 158 a, para. 2 "are replaced by" article. 158 a, para. 4. "

§ 35. Paragraph 2 shall also apply in respect of crimes for which the time limits have already expired.

§ 36. Criminal cases for offences under § 2, which have been suspended due to the expired Statute of limitations shall be resumed with the entry into force of this law.

The law was passed by the National Assembly-43 on 17 September 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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