'Recidivism of 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 27

(1) (Amended, SG No. 28/1982) Where a person commits a crime after he has been sentenced to deprivation of liberty by sentence that has entered into force, but before serving this punishment, the court shall add to the unserved part, entirely or in part, the punishment of the second sentence, provided it is deprivation of liberty. The total punishment as determined may not be less than the punishment under the second sentence.

(2) (Supplemented, SG No. 28/1982) The punishment under the second sentence shall be added entirely if it is deprivation of liberty for more than five years or if it is imposed for repeated crime or crime constituting a case of dangerous recidivism.

(3) Where the person has committed a crime after serving the punishment imposed by the preceding sentence, the punishment imposed for this crime shall be served entirely.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section IV - Multiple Crimes

Article 29

(1) The more severe punishments provided in the special part of this Code for crimes which constitute dangerous recidivism, shall be imposed where the perpetrator:

(a) (Amended, SG No. 28/1982) commits the crime after he has been convicted for grave intentional crime to deprivation of liberty for not less than one year, and the serving of the punishment has not been suspended pursuant to Article 66;

(b) (Amended, SG No. 28/1982) has committed the crime after he has been convicted two or more times to deprivation of liberty for intentional crimes of general nature, provided at least for one of them the serving of the punishment has not been suspended under Article 66.

(c) (Repealed, SG No. 28/1982).

(2) In applying the provisions of the preceding paragraph the crimes committed by the perpetrator as a minor shall not be taken into consideration.

(3) (New, SG No. 95/1975) Where for a certain crime there are provisions for concurrent elements of crime as repeated perpetration and as dangerous recidivism and the act implements the characteristics of both elements, the provision for dangerous recidivism shall apply.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Two - CRIME

Section IV - Multiple Crimes

Article 30

(1) The provisions of Article 28 and 29 shall not be applied, if more than five years have elapsed since the serving of punishment under the preceding sentences. Rehabilitation within this period of time shall not exclude their application.

(2) (New, SG No. 28/1982) In the case of conditional sentence and in the case of conditional early release from prison (parole) the term as per paragraph (1) shall commence as from the date of the probation period expiration.