'Multiplicity of criminal offences' in document 'Bulgaria - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section IV - Multiple Crimes

Article 23

(1) If by one act several crimes have been committed, or if a person has committed several separate crimes before the issue of sentence that has entered into force for any of them, the court shall, after determining punishments for each crime separately, impose the most severe thereof.

(2) (Amended, SG No. 92/2002 - effective 1.01.2005 with respect to the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 103/2004) Imposed punishments such as public censure and deprivation of rights under Article 37 (1), sub-paragraphs 6, 7 and 9, shall be added to the most severe punishment determined. Where deprivation of the same rights has been ruled, imposed shall be deprivation for the longest period of time.

(3) Where the punishments are different in kind and one of them is fine or confiscation, the court may add it entirely or in part to the most severe punishment.

Article 24

Where the punishments imposed are of the same kind, the court may increase the determined total most severe punishment by at most one half, but the punishment thus increased may not exceed neither the sum total of the separate punishments, nor the maximum extent provided for the respective kind of punishment.

Article 25

(1) The provisions of Articles 23 and 24 shall also apply where the person has been convicted with separate sentences.

(2) In such cases, if the punishment under any of the sentences has been served entirely or in part, it shall be deducted, provided it is of the same kind as the cumulated punishment determined to be served.

(3) (Amended, SG No. 103/2004) The service of a probation sentence shall be fully deductible from deprivation of liberty and vice versa, two days of probation counting as one day of deprivation of liberty.

(4) (New, SG No. 28/1982) Where under one or more of the sentences the person has been exempted from serving the imposed punishment pursuant to Article 64, paragraph (1), or to Article 66, the issue of serving the cumulative punishment shall be decided at the time of its determination.