BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Seven - EXEMPTION FROM SERVING AN IMPOSED PUNISHMENT

Section II - Early Release

Article 70
(Last amendment, SG No. 27/2009)

(1) (Last amendment, SG No. 27/2009) The court may decree pre-term release from the rest of the imprisonment serve in reference to a convict who, by the means of exemplary conduct and honest and loyal approach to the work, has proved in practice that he has corrected himself and has actually served at least half of his term of imprisonment.

(2) (Amended, SG No. 92/2002) The provisions of paragraph 1 shall also apply to individuals convicted of crimes qualifying as dangerous recidivism, where not less than two thirds of the sentence imposed have been actually served in fact, and the remainder of the punishment to serve is not more than three years.

(3) Conditional early release shall not be allowed for a second time, unless the perpetrator was rehabilitated for the crime to which conditional early release has been applied.

(4) (Amended, SG No. 92/2002, effective 1.01.2005, SG No. 26/2004) Conditional early release affects also the term of punishments by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 and 7.

(5) (Amended, SG No. 92/2002, effective 1.01.2005 - SG No. 26/2004, effective 1.01.2004) In granting conditional early release, the court may also release the sentenced person from serving the punishment by deprivation of rights under Article 37, paragraph 1, sub-paragraphs 6 or 7.

(6) (Last amendment, SG No. 27/2009) In the cases of pre-term release, the convict is instituted a probing period equal to the rest, not-served term of imprisonment or at least six-month long. Taking into account a report drawn by the probation official, the court is within its rights to enact one of the measures of probation under art.42a, para.2, and section1-4.

(7) (Supplemented, SG No. 92/2002, effective 1.01.2005 - amended, SG No. 26/2004, effective 1.01.2004) An early released person shall serve separately also the unserved part of the punishment, if within the testing period he commits a new intentional crime, for which punishment by deprivation of liberty is provided or fails to comply with probation imposed. Should the early released person commit within that period a crime through negligence, the court may rule the suspended punishment not be served, or to be served fully or in part.

(8) (Corrected, SG No. 29/1968) In the cases under the preceding paragraph the sentenced person shall serve the full punishment of which he has been released pursuant to paragraph (5) of this Article.

(9) The term for rehabilitation under Article 86 in case of conditional early release shall commence as from the expiry of the probation period.

Article 71

(1) The court may release early an underage person sentenced to deprivation of liberty, if he has corrected himself, after having actually served not less than one third of the punishment imposed.

(2) With respect to a person sentenced for a crime committed by him when he was under age, after reaching full age the provisions of Article 70 shall be applied with regard to the effect of early release.

Article 72
(Repealed, SG No. 92/2002 - effective 01.01.2005, SG No. 26/2004)

Article 73

(1) (Amended, SG No. 75/2006) With respect to those early released, the court shall assign the organisation of supervision and educational care for them during the probation period to the respective Commission, and for the underage persons - to the respective local Commission Against Anti-Social Acts of Minors and Underage Persons.

(2) Where necessary, the court shall assign the supervision and educational care to a specified public organisation with the consent of the latter or to a certain person, and shall inform thereof the Supervisory or Local Commission.

(3) General control and guidance with respect to the educational care and conduct of early released persons shall be implemented by the District Court of their place of residence.

(4) The procedure and manner of applying the provisions of the preceding paragraphs shall be regulated by law.