LONG-AWAITED approval of the amended Penal Code topped the agenda of Parliament last week.
After two-day discussions, MPs approved new provisions regarding probation, terrorism, organised crime groups and human trafficking, to align the Bulgarian legal base to that of the EU.
Serial crime, terrorism, bribe offering and acceptance, unlawful use of credit cards, computer infection and private information disclosure, liquor sale to minors and impaired people, abuse of police uniform and insignia, human trafficking, homosexual assault and pornography were assigned maximum prison terms and fines.
MPs restored the term "sustained crime," cancelled three years ago, which provides for criminals with a number of uniform crime sentences to be given an omnibus sentence. At the emergence of new data on the case, judges were forced to return the case for further investigation. The amended article now allows to pool all evidence gathered before and during case hearings in one package without halting the trial. The change satisfies both the requirement for a quick court procedure and the provision of a verdict matching the weight of the total scope of the crimes.
MPs approved unanimously the term probation. It provides an alternative to detention and would replace obligatory relocation and ban to reside a specified location. Offenders under probation must be older than 16 years and will perform public service ranging between 100 and 400 hours spanning a three-year term. They will also be obliged to undergo vocational training.
The new definition for an organised criminal group is a full replica of Article 2 of the UN Convention for Transnational Organised Crime and defines such a group as a "long-lasting caucus of three or more people with the purpose to perform crimes penalised with over three-year imprisonment and aiming to gain property benefits or exert influence on authoritative bodies".
Sentences of between five and 15 years will face people convicted of terrorism. A terrorist is defined as a person who incites panic or threatens to commit a crime. If the crime results in a homicide, the prison terms will range between 15 and 30 years.
Another novelty is the special chapter on human trafficking. Recruiting, transporting, hiding or accommodating people for purposes of illegal activities, using their organs for transplant, forced labour or subordination will be punished with up to eight-year sentences and a maximum 8 000 leva fine.
Offering a bribe to an official will carry a prison sentence of maximum six years and a fine of up to 5 000 leva. The punishment will be increased to eight years and an 8 000 leva fine if the bribe has led to an abuse of office. Should the bribe be offered to a judge, prosecutor or investigator, sentences may reach 10 years of imprisonment. The same clauses refer to people that have accepted a bribe and have abused office as a result.
Unlawful users of credit cards, cheques and other instruments of payment may serve a sentence of maximum five years along with a fine double the withdrawn sum.
A 3 000 leva fine will be imposed for one-time infection with a computer virus. Provider of unauthorised access to personal data or a state secret, along with the disclosure of a user password will serve between one to three years' imprisonment.
Abuse of official uniform or insignia will be fined by up to 500 leva. The same sentence along with corrective work will face sellers of liquor to minors or mentally impaired people.
People involved in the production and distribution of pornography will be jailed for up to a year and fined 3000 leva. If the pornographic content is provided to minors, the sentence may grow to five years and a 5 000 leva fine. Drawing children into pornographic crime will be penalised with the same term and up to 8 000 leva fine.
MPs also agreed to criminalise all forced homosexual acts. Convicts will have to remain in custody between two and eight years. Pressing a person into prostitution or a sexual act will carry a prison sentence of up to three years.
After two-day discussions, MPs approved new provisions regarding probation, terrorism, organised crime groups and human trafficking, to align the Bulgarian legal base to that of the EU.
Serial crime, terrorism, bribe offering and acceptance, unlawful use of credit cards, computer infection and private information disclosure, liquor sale to minors and impaired people, abuse of police uniform and insignia, human trafficking, homosexual assault and pornography were assigned maximum prison terms and fines.
MPs restored the term "sustained crime," cancelled three years ago, which provides for criminals with a number of uniform crime sentences to be given an omnibus sentence. At the emergence of new data on the case, judges were forced to return the case for further investigation. The amended article now allows to pool all evidence gathered before and during case hearings in one package without halting the trial. The change satisfies both the requirement for a quick court procedure and the provision of a verdict matching the weight of the total scope of the crimes.
MPs approved unanimously the term probation. It provides an alternative to detention and would replace obligatory relocation and ban to reside a specified location. Offenders under probation must be older than 16 years and will perform public service ranging between 100 and 400 hours spanning a three-year term. They will also be obliged to undergo vocational training.
The new definition for an organised criminal group is a full replica of Article 2 of the UN Convention for Transnational Organised Crime and defines such a group as a "long-lasting caucus of three or more people with the purpose to perform crimes penalised with over three-year imprisonment and aiming to gain property benefits or exert influence on authoritative bodies".
Sentences of between five and 15 years will face people convicted of terrorism. A terrorist is defined as a person who incites panic or threatens to commit a crime. If the crime results in a homicide, the prison terms will range between 15 and 30 years.
Another novelty is the special chapter on human trafficking. Recruiting, transporting, hiding or accommodating people for purposes of illegal activities, using their organs for transplant, forced labour or subordination will be punished with up to eight-year sentences and a maximum 8 000 leva fine.
Offering a bribe to an official will carry a prison sentence of maximum six years and a fine of up to 5 000 leva. The punishment will be increased to eight years and an 8 000 leva fine if the bribe has led to an abuse of office. Should the bribe be offered to a judge, prosecutor or investigator, sentences may reach 10 years of imprisonment. The same clauses refer to people that have accepted a bribe and have abused office as a result.
Unlawful users of credit cards, cheques and other instruments of payment may serve a sentence of maximum five years along with a fine double the withdrawn sum.
A 3 000 leva fine will be imposed for one-time infection with a computer virus. Provider of unauthorised access to personal data or a state secret, along with the disclosure of a user password will serve between one to three years' imprisonment.
Abuse of official uniform or insignia will be fined by up to 500 leva. The same sentence along with corrective work will face sellers of liquor to minors or mentally impaired people.
People involved in the production and distribution of pornography will be jailed for up to a year and fined 3000 leva. If the pornographic content is provided to minors, the sentence may grow to five years and a 5 000 leva fine. Drawing children into pornographic crime will be penalised with the same term and up to 8 000 leva fine.
MPs also agreed to criminalise all forced homosexual acts. Convicts will have to remain in custody between two and eight years. Pressing a person into prostitution or a sexual act will carry a prison sentence of up to three years.
