Name of law
Act to amend the Criminal Code




Name Bill
Amendment of the Criminal Code





Date of adoption
24/03/2010



Number / year Official Gazette
26/2010








DECREE № 84 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act to amend the Criminal Code adopted by HLI National Assembly on March 24, 2010
Released in Sofia on March 31, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Act to amend the Criminal Code (Prom. SG. 26 of 1968 .; corr. SG. 29 of 1968 .; amended. SG. 92 of 1969, pcs. 26 and 27, 1973, issue. 89, 1974, issue. 95, 1975, issue. 3 of 1977, pcs. 54, 1978 SG. 89 of 1979, No. 28 of 1982 .; corr. SG. 31 of 1982 .; amend., SG. 44 of 1984, pcs. 41, 79 and 80 of 1985 No.. 89 and 90, 1986, issue. 37, 91 and 99, 1989, issue. 10, 31 and 81 of 1990, pcs. 1 and 86 in 1991 .; corr. SG. 90 of 1991 .; amend. pcs. 105 of 1991, pcs. 54, 1992, issue. 10, 1993, pcs. 50 1995 .; Decision № 19 of the 1995 Constitutional Court - SG. 97 of 1995 .; amend. pcs. 102 of 1995 pcs. 107 of 1996, pcs. 62 and 85 of 1997 .; Decision № 19 of 1997 of the Constitutional Court - pcs. 120 of 1997 .; amend., SG. 83, 85, 132, 133 and 153 in 1998, pcs. 7, 51 and 81 of 1999, pcs. 21 and 51 of the 2000 Decision .; № 14 of 2000 of the Constitutional Court - SG. 98 of 2000 .; amend., SG. 41 and 101 in 2001, pcs. 45 and 92, 2002, issue. 26 and 103 of 2004, pcs. 24, 43, 76, 86 and 88 of 2005, pcs. 59, 75 and 102 of the 2006 issue. 38, 57, 64, 85, 89 and 94 of 2007, pcs. 19, 67 and 102 of 2008, pcs. 12, 23, 27, 32, 47, 80, 93 and 102 of 2009)
§ 1. Article 58a is amended as follows:
"Art. 58a. (1) Where a conviction in cases of art. 373, para. 2 of the Criminal Procedure Code, the court determined imprisonment, guided by the provisions of the General part of this Code and reduces so determined punishment by one third.
(2) In the cases of art. 57, para. 1, when the court determined as the most appropriate types of life imprisonment without parole is not warranted and life imprisonment replaced by imprisonment of twenty to thirty years.
(3) The court shall determine the amount of imprisonment within the lowest minimum amount and the highest maximum term of imprisonment specified under par. 2 and imprisonment provided for in the Special Part of this Code.
(4) In cases where both the conditions under par. 1-3 and conditions of Art. 55, the court applies only to art. 55, if it is more favorable for the perpetrator.
(5) The rules under par. 1-4 does not apply to those provided for in the Special Part of this Code penalties under Art. 37, para. 1 pt. 2 - 11. "
§ 2. In art. 78a be made the following amendments:

1. In para. 1 in the text before letter "a" words "from five hundred to five thousand Levs" are replaced by "a thousand to five thousand Levs."
2. A new paragraph. 6:
"(6) Where the grounds under par. 1 and the offense is committed by a minor, the court released him from criminal responsibility and impose an administrative public reprimand or corrective measure. The court may also impose an administrative penalty of deprivation of the right to practice a profession or business for up to three years if deprivation of such right is provided for the offense. "
Third. Former para. 6 becomes para. 7.
§ 3. In art. 80, para. 1, p. 5, the words "two years" are replaced by "three years".
§ 4. In art. 93 pt. 1, letter "b" words "private notary" is replaced by "notary".
§ 5. In art. 117, para. 1 the words "under Art. 115 and 116 "shall be deleted and the words" three years "is replaced by" one to six years. "
§ 6. In art. 118 words "Art. 116, paragraphs 1-6 "are replaced by" Art. 116, para. 1, p. 1-6. "
§ 7. In art. 122 is amended as follows:
1. In para. 1 the words "three years" is replaced by "five years".
2. In para. 2 the words "five years" are replaced by "one to six years."
§ 8. In art. 123 is amended as follows:
1. In para. 1 the words "five years" are replaced by "one to six years."
2. In para. 2 the words "of one to five years" are replaced by "two to eight years." 3
. In para. 3 words "from three to eight years" are replaced by "three to ten years."
§ 9. In art. 127, para. 1 the words "three years" is replaced by "one to six years."
§ 10. In art. 129, para. 1 the words "five years" are replaced by "six years".
§ 11. In art. 131, para. 1 in the text after t. 12, the words "three to twelve years" are replaced by "three to fifteen years" and the words "of one to five years" are replaced by "two to ten years."
§ 12. In art. 131a words "from five to twelve years" are replaced by "eight to fifteen years," the words "of three to eight years" are replaced by "five to twelve years."
§ 13. In art. 142 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Who kidnapped another shall be punished with imprisonment of three to ten years."
2. In para. 2 in the text before item. 1 the words "from three to ten years" are replaced by "seven to fifteen years." 3
. Paragraph 3 is amended as follows:
"(3) The punishment is imprisonment from ten to twenty years or life imprisonment and confiscation of part or the whole property of the culprit when:
1. the offense is repeated or represents a dangerous recidivism;
2. the act has caused substantial consequences; 3
. the kidnapped person is manifested particular cruelty;
4. the act is committed in a particularly painful or dangerous for the health of the kidnapped manner;

5. the release of the kidnapped is conditional upon the fulfillment of certain condition from a third party. "
4. Paragraph 4 is repealed.
5. Created al. 5 and 6:
"(5) For preparation, instigation or association to commit an offense under this Article punishment is imprisonment of one to six years.
(6) In the cases under par. 1-5 perpetrator shall be punished under Art. 55 if they voluntarily surrender to authorities, reveal everything he knows about izvarshenite crimes and thus facilitating the detection and proof of crimes. "
§ 14. In art. 142a is amended as follows:
1. In para. 1 the words "two years" are replaced by "six years".
2. In para. 2 the words "of one to six years" are replaced by "two to eight years." 3
. In para. 4 words "from three to ten years" are replaced by "three to twelve years."
4. In para. 5 words "preceding subparagraph" shall be replaced with "para. 1 ".
§ 15. In art. 144 is amended as follows:
1. In para. 1 the words "six months or a fine of one hundred to three hundred lev" are replaced by "three years".
2. In para. 2 words "imprisonment up to one year or a fine up to two hundred lev" are replaced by "imprisonment of up to five years." 3
. In para. 3 words "imprisonment up to three years or probation" are replaced by "imprisonment of up to six years."
§ 16. In art. 150 is amended as follows:
1. In para. 1 the words "six years" are replaced by "two to eight years."
2. In para. 2 words "from two to eight years" are replaced by "three to ten years."
§ 17. In art. 151 is amended as follows:
1. In para. 2 the words "five years" are replaced by "one to five years."
2. In para. 3 words "three years" is replaced by "five years".
§ 18. In art. 155a para. 1 the words "five years" are replaced by "one to six years."
§ 19. In art. 155b after "age, to" insert "or participate."
§ 20. In art. 160 words "Art. 116, paragraph 2 "are replaced with" Art. 116, para. 1 point 2 ", the words" Art. 131, paragraph 2 "are replaced with" Art. 131, para. 1 point 2 "and the words" Art. 142, para. 2-4 "are replaced by" Art. 142, para. 2 and 3 ".
§ 21. In Chapter Three, Section fifth creating art. 171a:
"Art. 171a. (1) Any person who unlawfully acquire, disclose or distribute traffic data as they are collected, processed, stored or used in accordance with the Electronic Communications Act shall be punished by imprisonment of up to three years or probation.
(2) Where the act under par. 1 is committed for gain, the punishment is imprisonment of one to six years. "
§ 22. In art. 182 is amended as follows:
1. In para. 1, 'up to one year or corrective labor "are replaced by" three years ".
2. In para. 2 the words "six months or a fine of one hundred to three hundred lev" are replaced by "six months or a fine of up to three thousand Levs."

§ 23. In art. 182a para. 1 the words "one year" are replaced by "three years".
§ 24. In art. 185 is amended as follows:
1. In para. 1 the words "one year" are replaced by "three years".
2. In para. 2 the words "three years" is replaced by "one to six years," and the words "one hundred to three hundred lev" are replaced by "up to five thousand Levs."
§ 25. In art. 186 words "corrective labor or a fine of one hundred to three hundred lev" are replaced by "imprisonment of up to one year or probation."
§ 26. In art. 187 words "one year" are replaced by "three years".
§ 27. In art. 192, para. 1 the words "one hundred to three hundred lev, as well as public censure" is replaced by "up to three thousand Levs."
§ 28. Article 193a is repealed.
§ 29. In art. 206, para. 1 the words "six years" are replaced by "one to six years."
§ 30. In art. 209 is amended as follows:
1. In para. 1 the words "six years" are replaced by "one to six years."
2. In para. 2 the words "three years" is replaced by "five years".
§ 31. In art. 212, para. 1 after the word "movable" insert "immovable" and the words "eight years" are replaced by "two to eight years."
§ 32. In art. 215 is amended as follows:
1. In para. 1 the words "five years" are replaced by "one to six years."
2. In para. 2 in the text before item. 1 the words "of one thousand to three thousand Levs" are replaced by "five thousand to ten thousand Levs."
§ 33. In art. 218b words "up to one hundred and fifty lev" are replaced by "the amount of two minimum wages in the country, established at the time of the offense."
§ 34. Article 218B is amended as follows:
"Art. 218B. Criminal prosecution shall be instituted on the complaint of the victim in the following cases:
1. for crimes under Art. 216, para. 4 and 6 and Art. 217, para. 1 and 2, when the subject of the crime is private property;
2. theft, embezzlement, fraud and extortion, when the subject of the crime is private property if the person is a spouse, ascendant, descendant or relative in the collateral line to the second degree of guilty or live with him in the same household, or guardian of the guilty . "
§ 35. In art. 219 is amended as follows:
1. In para. 1 and 2 "three years" is replaced by "six years".
2. In para. 3 words "eight years" are replaced by "two to eight years." 3
. In para. 4 words "one to five" are replaced by "three to ten" and the words "one to ten" is replaced by "three to twelve".
§ 36. In art. 220 is amended as follows:
1. In para. 1 the words "five years" are replaced by "one to six years."
2. In para. 2 words "one to ten" is replaced by "three to ten."
§ 37. In art. 227b para. 2 the words "15 days" is replaced by "30 days".
§ 38. In art. 234 is amended as follows:
1. In para. 1 the words "stock" shall be deleted and the words "three years" is replaced by "one to six years."

2. In para. 2 in the text before item. 1 the words "five years" are replaced by "two to eight years."
§ 39. In art. 234a words "three years" is replaced by "five years".
§ 40. In art. 234b para. 1 the words "three years" is replaced by "five years".
§ 41. In art. 242, para. 1 in the text after the letter "g" word "ten" is replaced by "three to ten."
§ 42. Article 247 is repealed.
§ 43. In art. 248a is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) Whoever, in order to get a loan, submit false information shall be punished by imprisonment of up to three years and a fine from one thousand to five thousand Levs."
2. In para. 3 words "three years" is replaced by "one to six years," and the words "two thousand to five thousand" are replaced by "two thousand to ten thousand." 3
. In para. 5 words "five years" are replaced by "two to eight years."
§ 44. In art. 254b is amended as follows:
1. In para. 1 the words "five years" are replaced by "one to six years."
2. In para. 2 the words "six years" are replaced by "two to eight years."
§ 45. In art. 255, para. 1 in the text after pt. 7, the words "five years" are replaced by "one to six years."
§ 46. In art. 269, para. 1 the words "five years" are replaced by "six years".
§ 47. In art. 270 is amended as follows:
1. In para. 1, 'up to one year or a fine of one hundred to three hundred lev "are replaced by" up to three years or a fine of five hundred to two thousand Levs. "
2. In para. 2 the words "two years" are replaced by "five years".
§ 48. In art. 274a be made the following amendments:
1. In para. 1 after the words "internal affairs" a comma and add "Law on Defense and Armed Forces of the Republic of Bulgaria, the Law on Execution of Sentences and Detention Act or the judiciary" and the words "up to two years and a fine of up five lev "are replaced by" up to three years or probation. "
2. In para. 2 words "up to five years and a fine up to two thousand Levs" are replaced by "one to six years." 3
. A par. 3:
"(3) Any person who in any way tarnish, unlawfully destroys or damages format clothing, service marks or inscriptions worn or placed under the Ministry of the Interior, the Law on Defence and Armed Forces Republic of Bulgaria, the Law on execution of Sentences and detention Act or the judiciary shall be punished by imprisonment of up to one year. "
§ 49. In art. 289 words "up to five years or probation or public censure" is replaced by "one to six years."
§ 50. In art. 302 pt. 1 finally put a comma and added "or police authority or the investigating police officer."
§ 51. In art. 304a after the word "investigator" a comma and add "or police authority or an investigating officer."

§ 52. In art. 313, para. 2 the words "of one to six years" are replaced by "three years" and the words "of one hundred to two hundred and fifty lev" are replaced by "a thousand Levs."
§ 53. In art. 318 words "authority" are replaced by "official" and after the word "public" is added "unless the act represents a more serious crime" and a comma.
§ 54. In art. 321, para. 3 in the text before item. 1 after the words "crimes" insert "Art. 142, art. 142a, Art. 143a "comma before the words" Art. 354b para. 1-4 "is replaced by the word" and "and the words" and Art. 354c, par. 1 "are deleted.
§ 55. In art. 326 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) If the act under par. 1 have been significant harmful consequences, the punishment is imprisonment of up to five years and a fine of five hundred to two thousand Levs. "
§ 56. Article 328 is repealed.
§ 57. In art. 338 be made the following amendments:
1. In para. 1 the words "up to two years or a fine of one hundred to three hundred lev" is replaced by "one to five years or a fine of five hundred to three thousand Levs."
2. In para. 2 the words "five years" are replaced by "two to eight years." 3
. In para. 3 after the word "property" is added "when the perpetrator did not want and did not allow it," the words "of two to eight years" are replaced by "three to ten years."
§ 58. In art. 339 is amended as follows:
1. In para. 1 the words "six years" are replaced by "two to eight years."
2. In para. 2 the words "three to eight years" are replaced by "three to ten years." 3
. In para. 3 words "six years" are replaced by "two to eight years."
§ 59. In art. 339a is amended as follows:
1. In para. 1 the words "three years" is replaced by "one to six years."
2. In para. 2 the words "of one to five years" are replaced by "two to eight years."
§ 60. In art. 339b words "six years" are replaced by "three to ten years."
§ 61. In art. 354a para. 2 in the text before item. 1 the words "large amount" shall be replaced with "large" and the words "particularly large amount" shall be replaced with "large amounts".
§ 62. In art. 357 is amended as follows:
1. In para. 1 the words "five years" are replaced by "two to eight years."
2. In para. 2 words "from three to ten years" are replaced by "five to fifteen years."
The law was adopted by the 41 th National Assembly on March 24, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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