'Continuous criminal offences' in document 'Bulgaria - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section IV - Multiple Crimes

Article 26

(Amended and supplemented, SG No. 28/1982, supplemented, SG No. 10/1993, amended, SG No. 50/1995, SG No. 62/1997, SG No. 92/2002)

(1) Provisions of Articles 23 - 25 shall not apply to cases of undisrupted crime - a series of two or more acts, which, taken separately, would qualify under the same or under different sub headings of a specific crime, are committed over short periods of time, in similar surrounding circumstances, and are characterized with a homogenous form of guilt, the subsequent acts appearing, both objectively and subjectively - as regards guilt - a continuation of the preceding ones.

(2) In cases of undisrupted crime perpetrator shall be punished in accordance with constitutive acts thereof, taken as a whole, as well as in accordance with the overall criminal outcomes by them caused.

(3) Where separate acts qualify under different sub-headings of a specific crime, undisrupted crime shall be punished as provided for with regard to the aggravated act committed, consideration being had to the implications of the aggravated acts for the overall criminal activity, and to the aggravating circumstances proper.

(4) Where aggravating circumstances do not have significant impact in increasing the seriousness of overall criminal activity, it shall qualify under the privileged sub-heading of a specific crime, particular circumstances being reckoned with in determining the amount of punishment to serve.

(5) Where some of the acts have been completed, while others have ended at the stage of attempt, and the acts completed do not have significant impact in increasing the overall seriousness of criminal activity, perpetrator shall be punished as provided for attempted crime.

(6) Provisions of this article shall not apply to crimes committed against various citizens, qualifying as Crimes against the Person, nor shall they apply to crimes committed following submission of indictment to the courts, or to crimes committed prior to submission of indictment, which have not, however, been therein included.