BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter One - OBJECTIVE AND SCOPE OF APPLICATION OF THE CRIMINAL CODE

Section II - Scope of application of the Criminal Code

Article 8

The sentence of a foreign court for a crime to which the Bulgarian Criminal Code is applicable shall be taken into consideration in the cases specified in an international agreement to which the Republic of Bulgaria is a party.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Five - METING OUT OF PUNISHMENTS

Article 54

(1) The court shall mete out punishments within the limits provided by law for the crime committed, guided by the provisions of the general part of this Code and taking into consideration the following:

the degree of social danger of the act and the perpetrator,

the motives for crime perpetration, and other attenuating or aggravating circumstances.

(2) The attenuating circumstances shall condition the infliction of a milder punishment, and the aggravating ones of a severer punishment.

Article 55

(1) In case of exceptional or of a great number of attenuating circumstances, where even the mildest punishment provided by law proves disproportionately severe, the court:

1. shall fix a punishment under the lowest limit;

2. shall substitute:

a) (Amended, SG No. 153/1998) life imprisonment for deprivation of liberty for a term from fifteen to twenty years;

b) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997, amended and supplemented, SG No. 92/2002 - effective 01.01.2005, with respect to the punishment of probation, amended, SG No. 26/2004, SG No. 103/2004) deprivation of liberty, where the lowest limit has not been specified - for probation, and with respect to minors - for probation or public censure.

c) (Amended, SG Nos. No. 28/1982, SG No. 10/1993, SG No. 62/1997, SG No. 92/2002, SG No. 103/2004) probation - for a fine BGN of one hundred (100) up to five hundred (500).

(2) In the cases of sub-paragraph 1 of the preceding paragraph where the punishment is a fine, the court may specify punishment under the lowest limit by one half at most.

(3) In such cases the court may not impose the lesser punishment provided by law along with punishment by deprivation of liberty.

(4) (Repealed, SG No. 28/1982).

Article 56
The circumstances considered by law in defining the respective crime shall not be attenuating and aggravating circumstances.

Article 57
(1) Where the Special Part of this Code provides possibility to impose one punishment from a choice of two or more punishments for the perpetrated crime, the court shall determine the most appropriate punishment, in kind and measure, guided by the rules of the preceding articles.

(2) Where the Special Part of this Code provides possibility to impose concurrently two or more punishments for a certain crime, the court shall, guided by the rules of the preceding articles, determine the extent of each punishment so that they shall, in their totality, comply to the objectives set forth under Article 36.

Article 58
The court may also apply the provisions of Article 55 in the following cases:
a) in the case of attempt - due to the non-completion of the crime, considering also the circumstances under Article 18, paragraph (2);

b) in the case of accessory - where the extent of the perpetrator's participation in the crime is small.

Article 58a

(1) When enacting a conviction in the cases under Article 373, (2) of the Criminal Procedure Code, the court determines the sentence of imprisonment, guided by the provisions of the General Part of this Code and such reduces the sentence at a third.

(2) In cases under Article 57, (1), where the court determines as the most appropriate the type of verdict life imprisonment without replacement, does not enact it and the verdict life imprisonment replaces with imprisonment from twenty to thirty years.

(3) Court determines the extent of the sentence of imprisonment within the lowest minimum and within the highest maximum the sentence of imprisonment under paragraph (2) and the sentence of imprisonment provided for in the Special Part of this Code.

(4) In cases where the conditions under paragraph (1) to (3) and the conditions under Article 55 are evident, the court applies only Article 55, if it is more favorable to the offender. (5) The rules under paragraph (1)-(4) do not apply to the provided under the Special Part of this Code penalties under Artile 37, (1), pt 2-11.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).