Hate crime legislation in Bulgaria

Criminal Code of Bulgaria (1968, last amended 2023) (excerpts)

Relevant amendments in force from 04.08.2023, SG No. 67/2023 (excerpts)

(unofficial translation) (Emphasis added)

Excerpts related to Hate Crime offences

 

Article 116 [Murder]

(1) (Previous text of Article 116, SG No. 62/1997) For murder:
[…]

11. (previous item 10 - SG, No. 92 of 2002, supplemented, No. 33 of 2011, in force from 27.05.2011, amended and supplemented, No. 67 of 2023) committed by hooligan, racist, xenophobic motives or motives related to sexual orientation,

[…]

(...) the punishment shall be imprisonment for fifteen to twenty years, life imprisonment or life imprisonment without the right to commutation.

[…]

 

Article 131 [Bodily injury]

(Amended and supplemented - SG, No. 95 of 1975, supplemented, No. 28 of 1982) (1) (Previous text of Art. 131 - SG, No. 62 of 1997) For causing bodily injury:

(...)

12. (new - SG, No. 92 of 2002, amended, No. 103 of 2004, in force from 1.01.2005, No. 26 of 2010, supplemented, No. 33 of 2011, in force from 27.05.2011, amended and supplemented, No. 67 of 2023) by hooligan, racist, xenophobic or related sexual orientation incites, the punishment is deprivation of liberty: from three to fifteen years for serious bodily injury; from two to ten years for moderate bodily injury; up to three years for minor bodily injury under Art. 130, para. 1 and up to one year or probation under Art. 130, para. 2. the punishment is deprivation of liberty: from three to twelve years for serious bodily injury; from two to ten years for moderate bodily injury; up to three years for minor bodily injury under Art. 130, para. 1 and up to one year or correctional labor under Art. 130, para. 2.

 

Article 142 [Kidnapping]

(New - SG, No. 50 of 1995) 

(1) (Amended and supplemented - SG, No. 92 of 2002, amended, No. 27 of 2009, No. 26 of 2010) Whoever kidnaps another person shall be punished by imprisonment for a term of three to ten years.

(2) (Amended - SG, No. 26 of 2010) The punishment shall be imprisonment for a term of seven to fifteen years when:

(…)

9. (new - SG, No. 67 of 2023) the act was committed for racist, xenophobic or sexual orientation-related motives.

 

Article 142a [Unlawful imprisonment]

(Previous Article 142, SG No. 50/1995)

(1) (Amended, SG No. 62/1997, SG No. 26/2010) A person who unlawfully deprives another of liberty shall be punished by imprisonment for up to six years.

(2) (Amended, SG No. 62/1997, SG No. 26/2010) Where the act has been committed by an official or by a representative of the public, in violation of his duties or functions, or a person under Article 142, paragraph (2), sub-paragraphs 6 and 8, the punishment shall be imprisonment for two to eight years.
(3) (New, SG No. 62/1997, amended, SG No. 101/2017, SG No. 67/2023) Where the act under Paragraphs 1 and 2 has been committed:

[…]

3. for racist, xenophobic motives or motives related to sexual orientation, 

the punishment shall be imprisonment for three to ten years.

 

Article 143 [Coercion]

(Amended, SG No. 50/1995)

(1) (Previous text of Article 143, SG No. 62/1997) A person who compels another to do, to omit or to suffer something contrary to his will, using for that purpose force, threats or abuse of his authority, shall be punished by imprisonment for up to six years.

(2) (New, SG No. 62/1997) Where the act has been perpetrated by a person under Article 142, paragraph (2), subparagraphs 6 and 8, the punishment shall be imprisonment for three to ten years.

(3) (New, SG No. 16/2019, amended, SG No. 67/2023) Where the act under Paragraph 1 has been committed:

[…]

2. for racist or xenophobic motives, 

the punishment shall be imprisonment for three to ten years.

 

Article 144 [Threat]

(1) (Amended, SG No. 28/1982, SG No. 10/1993, SG No. 62/1997, SG No. 26/2010) A person who threatens someone with a crime against his person or property or against the person or property of his next-of-kin, and where this threat could evoke justified fear of its implementation, shall be punished by imprisonment for up to three years.

(2) (Amended and supplemented, SG No. 28/1982, amended, SG No. 10/1993, SG No. 62/1997, SG No. 26/2010) For threat towards an official or representative of the public during or in connection with carrying out their duties or functions, or to a person enjoying international protection, the punishment shall be imprisonment for up to five years.

(3) (Supplemented, SG No. 62/1997, amended, SG No. 92/2002, effective 1.01.2005 in respect of the punishment of probation - amended, SG No. 26/2004, effective 1.01.2004, SG No. 26/2010, supplemented, SG No. 16/2019, amended, SG No. 67/2023) The punishment shall be imprisonment of up to six years when:

[…]

4. the act was committed for racist or xenophobic reasons.

 

Article 144a [Stalking]

(New, SG No. 16/2019) 

(1) A person who systematically stalks another person and thereby may incite in that person a justified fear for his/her life or health, or for the life or health of his/her next of kin, shall be punished by imprisonment for up to one years or by probation, as well as by public censure, provided the act does not constitute a graver crime. 

(2) The stalking under Paragraph 1 is any threatening behaviour against a particular person, which may involve persecuting the other person, demonstrating the other person that he/she is being watched, entering into unwanted communication with him/her by any means of communication.

(3) (Supplemented, SG No. 67/2023) Where the act has been committed in a situation of domestic violence or for racist or xenophobic motives, the punishment shall be imprisonment for up to five years.

 

Article 162 [Violence and damage to property]

(2) (Amended - SG, No. 27 of 2009, No. 33 of 2011, effective 27.05.2011, amended and supplemented, No. 67 of 2023) Whoever uses violence against another or damages his property because of his race, skin color, origin, nationality, ethnic affiliation, religion, political beliefs or sexual orientation, shall be punished by imprisonment for one to four years and a fine of five thousand to ten thousand leva, as well as by public censure.

 

Article 163 [Attack on groups of population]
(1) (Supplemented, SG No. 27/2009, amended, SG No. 67/2023) The persons who take part in a crowd rallied to attack groups of the population, individual citizens or their property in connection with their race, skin colour, origin, nationality, ethnicity or sexual orientation, shall be punished: […]

 

Article 164 [Crimes against confessions]

(2) (Supplemented, SG No. 67/2023) A person who desecrates, destroys or damages a religious temple, a house of prayer, sanctuary or an adjoined building, their symbols, graves or gravestones, shall be punished by imprisonment up to three years or by probation, and a fine from BGN three thousand to ten thousand.

(3) (New, SG No. 67/2023) The punishment shall be imprisonment up to five years or probation, as well as a fine of BGN five thousand to ten thousand when the act under paragraph (2) was perpetrated for racist or xenophobic motives.

 

Art. 216 [Destruction and damage]

(1) (amended, SG No. 10/1993) A person who destroys or damages an unlawfully foreign movable or immovable property shall be punished by deprivation of liberty for up to five years.

[…]

(5) (amend. SG 62/97; prev. text of para 3 - SG 92/02; amend. and suppl. SG 26/04; amend. - SG 67/2023) The punishment shall be imprisonment of up to ten years, and the court may also rule deprivation of rights under Art. 37, para 1, items 6 and 7, when:

[…]

4. the act has been committed for racist, xenophobic or sexual orientation-related motives.

(6) (amend. SG 10/93; prev. text of para 4, amend. SG 92/02) If the act under par. 1, 2, 3 and 5 has been committed through negligence, the punishment shall be imprisonment of up to two years or a fine of one hundred to three hundred levs.

 

Article 330 [Arson]

(1) A person who sets on fire a building, equipment and implements, goods, farming or other produce, a forest, machinery, an ore mine or other property of considerable value, shall be punished for arson by imprisonment for one to eight years.

(2) The punishment shall be imprisonment for three to ten years:

[…]

6. (new, SG No. 67/2023) if the arson was committed for racist or xenophobic reasons.

 

Excerpts related to Hate Speech offences

Article 162 [Violence and damage to property]

(1) (Amended - SG, No. 27 of 2009, No. 33 of 2011, effective 27.05.2011, supplemented, No. 67 of 2023) Whoever, by word of mouth, print or other mass media, through electronic information systems or in any other way, preaches or incites discrimination, violence or hatred based on race, skin color, origin, nationality or ethnic affiliation or sexual orientation, shall be punished by imprisonment for one to four years and a fine of five thousand to ten thousand leva, as well as by public censure.

 

Article 164 [Crimes against confessions]

(1) (Supplemented – SG, No. 74 of 2015) Whoever preaches or incites discrimination, violence or hatred on religious grounds through speech, print or other means of mass information, through electronic information systems or in any other way, shall be punished with imprisonment for a term of up to four years or probation, as well as a fine of five thousand to ten thousand leva.

 

Article 320 [Crimes against public order and peace]

(1) (Previous text of Art. 320 - SG, No. 92 of 2002, amended, No. 67 of 2023) Whoever openly incites to commit a crime by preaching to a large number of people, through the media or in any other similar manner, shall be punished by imprisonment for up to three years, but not by a more severe punishment than that provided for the crime itself.

(…)

(3) (New - SG, No. 67 of 2023, amended, No. 39 of 2024) When the act under para. 1 is committed for racist, xenophobic or sexual orientation-related motives, the punishment shall be imprisonment for two to ten years.