Bulgaria

Criminal Code

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Five - METING OUT OF PUNISHMENTS

Article 54
(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(4) (Repealed, SG No. 28/1982).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.

Keywords

Aggravating factors - national proceedings
Mitigating factors - national proceedings



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