Domestic implementation of international law
Republic of Bulgaria
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Crimes The Criminal Code of the Republic of Bulgaria of 01 May 1968 defines serious crimes under international law in its Chapter 14, entitled "Crimes against peace and humanity"
Crimes against Peace
Chapter 14, Section II, Arts. 407, 408 and 409:
Article 407
A person who in any way makes propaganda for war, shall be punished by deprivation of liberty for up to eight years.
Article 408
A person who, directly or indirectly, through the press, by speech, over the radio or in any other way, strives to provoke an armed attack by one state on another, shall be punished for abetment to war by deprivation of liberty for three to ten years.
Article 409 (Amended, SG No. 153/1998)
A person who plans, prepares or wages an aggressive war, shall be punished by deprivation of liberty for a term of fifteen to twenty years, or by life imprisonment without substitution.
Article 419
In accordance with the differentiation under the preceding article [Art. 418] punished shall be also a person who consciously allows his subordinate to commit a crime provided for in this Chapter.
[English translation provided by the OSCE Office for Democratic Institutions and Human Rights]Criminal Code of the Republic of Bulgaria (Publication State Gazette No. 26/02.04.1968, in force as of 01.05.1968; Last amendment SG No. 32/27.04.2010, in force as of 28.05.2010).
(Non official translation provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]
See also:
National Legislation on Individual Responsibility for Conduct Amounting to Aggression.
By Astrid Reisinger Coracini, June 2010Crimes against Humanity
Chapter 14, Section III, Arts. 417 and 418 define the crime of apartheid. Article 419 incorporates the principle of command responsibility when dealing with the commission of these crimes. See:
Criminal Code of the Republic of Bulgaria (Publication State Gazette No. 26/02.04.1968, in force as of 01.05.1968; Last amendment SG No. 32/27.04.2010, in force as of 28.05.2010).
(Non official translation provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]Genocide
Chapter 14, Section III, Articles 416-419:
Article 416
(1) A person who, for the purpose of liquidating, completely or in part, a certain national, ethnic, racial or religious group:a) causes death, severe bodily injury or permanent derangement of the consciousness of a person belonging to such a group;
(amended, SG No. 153/1998) shall be punished for genocide by deprivation of liberty for a term of from ten up to twenty years or by life imprisonment without substitution.
b) places the group under living conditions such that lead to its full or partial physical liquidation;
c) takes measures aimed at checking the birth rate amid such a group;
d) forcefully transfers children from one group to another,
(2) (Previous Article 417, SG, No. 95/1975) A person who commits preparation for genocide shall be punished by deprivation of liberty for two to eight years.
(3) (Previous Article 418, SG No. 95/1975) A person who openly and directly incites genocide, shall be punished by deprivation of liberty for one to eight years.
Article 417 (New, SG No. 95/1975, amended, SG No. 153/1998)
A person who with the aim of establishing or maintaining domination or systematic oppression of one racial group of people over another racial group of people:a) causes death or severe bodily injury to one or more persons of such a group of people, or
(Amended, SG No. 153/1998) shall be punished for apartheid by deprivation of liberty for a term of from ten up to twenty years or by life imprisonment without substitution.
b) imposes living conditions of such a nature as to cause complete or partial physical liquidation of a racial group of people,
Article 418 (New, SG No. 95/1975)
A person who for the purpose under the preceding article:a) unlawfully deprives of liberty members of a racial group of people or subjects them to compulsory labour;
shall be punished by deprivation of liberty for five to fifteen years.
b) puts into operation measures for hindering the participation of a racial group of people in the political, social, economic and cultural life of the country, and for intentional creation of conditions hampering the full development of such a group of people, in particular by depriving its members of the basic freedoms and rights of citizens;
c) puts into operation measures for dividing the population by racial features through setting up of reservations and ghettos, through the ban of mixed marriages between members of different racial groups or through expropriation of real property belonging thereto;
d) deprives of basic rights and freedoms organisations and persons, because they are opposed to apartheid,
Article 419
In accordance with the differentiation under the preceding article [Art. 418] punished shall be also a person who consciously allows his subordinate to commit a crime provided for in this Chapter.
[English translation provided by the OSCE Office for Democratic Institutions and Human Rights]Criminal Code of the Republic of Bulgaria (Publication State Gazette No. 26/02.04.1968, in force as of 01.05.1968; Last amendment SG No. 32/27.04.2010, in force as of 28.05.2010).
(Non official translation provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]War Crimes
War Crimes are provided for under Articles 410, 411, 412, 413, 414, 415, 415a and 419 (Chapter fourteen, Section II "Crimes Against the Laws and Customs of Waging War") of the Criminal Code of the Republic of Armenia of 1968:
Article 410
A person who in violation of the rules of international law for waging war:a) perpetrates or orders the perpetration of, on wounded, sick, shipwrecked persons or sanitary personnel, acts of murder, tortures, or inhuman treatment, including biological experiments, inflicts or orders grave sufferings, mutilation or other impairments of health to be inflicted to such persons;
b) perpetrates, or orders to be perpetrated, major destruction or appropriations of sanitary materials or installations, (amended, SG No. 153/1998) shall be punished by deprivation of liberty f or a term of from five up to twenty years, or by life imprisonment without substitution.
Article 411
A person who in violation of the rules of international law for waging war:a) perpetrates or orders to be perpetrated with regard to prisoners of war murder, tortures or inhuman treatment, including biological experiments or causes or orders grave sufferings, mutilation or other impairments of health to be inflicted on such persons;
b) compels a prisoner of war to serve in the armed forces of the enemy state, or
c) deprives a prisoner of war of the right to be tried by a regular court and under a regular procedure, (amended, SG No. 153/1998) shall be punished by deprivation of liberty for a term of from five up to twenty years or by life imprisonment without substitution.
Article 412
A person who in violation of the rules of international law for waging war:a) perpetrates or orders with regard to the civil population murders, tortures, inhuman treatment, including biological experiments to be perpetrated, causes or orders grave sufferings, mutilation or other serious impairments of health to be inflicted;
b) takes or orders hostages to be taken;
c) carries out or orders unlawful deportations, persecutions or detentions to be effected;
d) compels a civilian to serve in the armed forces of an enemy state;
e) deprives a civilian of his right to be tried by a regular court and under a regular procedure;
f) unlawfully and arbitrarily perpetrates or orders the perpetration of destruction or appropriations of property on a large scale, (amended, SG No. 153/1998) shall be punished by deprivation of liberty for a term of from five up to twenty years or by life imprisonment without substitution.
Article 413
A person who, without having such right, bears the insignia of the Red Cross or of the Red Crescent or who abuses a flag or the insignia of the Red Cross or the Red Crescent or the colour determined for transport vehicles for sanitary evacuation, shall be punished by deprivation of liberty for up to two years.
Article 414 (1) A person who, in violation of the rules of international law for waging war destroys, damages or makes unfit cultural or historical monuments and objects, works of art, buildings and equipment intended for cultural, scientific or other humanitarian purposes, shall be punished by deprivation of liberty for one to ten years.
(2) The same punishment shall also be imposed on a person who steals, unlawfully appropriates or conceals objects indicated in the preceding paragraph or imposes contribution or confiscation with respect to such objects.
Article 415 (1) (Supplemented, SG. No. 62/1997, amended and supplemented, SG No. 92/2002) A person who, in violation of the rules of international law for waging war uses or orders nuclear, chemical, bacteriological, biological or toxic weapons or impermissible ways or means for waging war to be used, shall be punished by deprivation of liberty for three to ten years.
(2) (Amended, SG No. 153/1998) If particularly grave consequences have set in therefrom, the punishment shall be deprivation of liberty for a term of from ten up to twenty years or life imprisonment without substitution.
Article 415a (New, SG No. 92/2002)
Anyone who undertakes military preparation for the use of nuclear, chemical, bacteriological, biological or toxic weaponry as means of war, shall be punished by deprivation of liberty from one to six years.
Article 419
In accordance with the differentiation under the preceding article punished shall be also a person who consciously allows his subordinate to commit a crime provided for in this Chapter.
[English translation provided by the OSCE Office for Democratic Institutions and Human Rights]Criminal Code of the Republic of Bulgaria (Publication State Gazette No. 26/02.04.1968, in force as of 01.05.1968; Last amendment SG No. 32/27.04.2010, in force as of 28.05.2010).
(Non official translation provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]
Jurisdiction Article 4 of the Criminal Code of 1968 states:
Article 4
(1) The Criminal Code shall apply to the Bulgarian citizens also for crimes committed by them abroad.
(2) (Amended, SG No. 75/2006) No citizen of the Republic of Bulgaria can be transferred to another state or an international court of justice for the purposes of prosecution, unless this has been provided for in an international agreement, which has been ratified, published and entered into force in respect to the Republic of Bulgaria.
[English translation provided by the OSCE Office for Democratic Institutions and Human Rights]Article 6 of the Criminal Code of 1968 states:
Article 6
(1) The Criminal Code shall also apply to foreign citizens who have committed abroad crimes against peace and humanity, whereby the interests of another state or foreign citizens have been affected.
(2) The Criminal Code shall also apply to other crimes committed by foreign citizens abroad, where this is stipulated in a international agreement, to which the Republic of Bulgaria is a party.
[English translation provided by the OSCE Office for Democratic Institutions and Human Rights]Article 37 of the Criminal Procedure Code of 2005 states:
Jurisdiction over crimes perpetrated abroad
Bulgaria is a State party to the following main International Humanitarian Law treaties:
Art. 37. (1) (amend. - SG 32/10, in force from 28.05.2010) The cases for crimes perpetrated abroad shall be under the jurisdiction:1. of the Courts in Sofia, if the person is a foreigner or the crime was committed with the participation of a foreigner;
(2) Where the crime has been perpetrated on a Bulgarian ship or an aircraft beyond the boundaries of this country, the case shall be under the jurisdiction of the Court, in the district of which is the port or the airport to which the ship or the aircraft belongs.
2. of the Court by the place of residence of the person, if he/she is a Bulgarian citizen, or where the participants are Bulgarian citizens with residence within the jurisdiction of the same Court;
3. of the Court, in the district of which the pre-trial proceedings have been finalized, provided that the conditions under Items 1 and 2 are not met;
4. Of the Sofia Courts, in case the person is a foreigner.
(3) In the cases for crimes perpetrated by members of the armed forces of by officers serving with the Ministry of the Interior, who participate in international military or police missions abroad, shall be under the jurisdiction of the Sofia Martial Court.
[English translation provided by the OSCE Office for Democratic Institutions and Human Rights]Bulgaria is also a State party to the International Convention on the Suppression and Punishment of the Crime of Apartheid (Ratification: 18 July 1974).
- Geneva Conventions, 1949 (Ratification / Accession: 22 July 1954)
- Additional Protocol (I) to the Geneva Conventions, 1977 (Ratification / Accession: 26 September 1989)
- Additional Protocol (II) to the Geneva Conventions, 1977 (Ratification / Accession: 26 September 1989)
- Optional Protocol on the involvement of children in armed conflict, 2000 (Ratification / Accession: 12 February 2002)
- Hague Convention for the Protection of Cultural Property, 1954 (Ratification / Accession:07 August 1956)
According to the information submitted by Bulgaria on the scope and application of the principle of universal jurisdiction pursuant to General Assembly resolution 64/117, "[T]he Republic of Bulgaria can exercise its universal criminal jurisdiction to an equal degree with regard to the above-mentioned offences governed by customary international law: genocide, crimes against humanity, grave violations of the Geneva Conventions of 1949 or other violations of international humanitarian law committed in international or non-international armed conflict, as well as with regard to crimes defined by international treaties to which Bulgaria is a party (such as torture, unlawful seizure of aircraft, taking of hostages, terrorism)."
Information provided by Bulgaria on the scope of universal jurisdiction in accordance with General Assembly resolution 64/117.
General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010) [ENG]
Criminal Code of the Republic of Bulgaria (Publication State Gazette No. 26/02.04.1968, in force as of 01.05.1968; Last amendment SG No. 32/27.04.2010, in force as of 28.05.2010).
(Non official translation provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: Bulgaria signed the Rome Statute on 11 February 1999 and deposited its instrument of ratification on 11 April 2002
Chapter thirty six of the Criminal Procedure Code of 2006 contains a series of provisions on "Proceedings in Relation to International Cooperation in Criminal Matters". Section I (Articles 453 to 462) thereof refers to "Transfer of Sentenced Persons"; Section II (Articles 463 to 470) refers to "Recognition and enforcement of a sentence issued by a foreign national court", Section III (Articles 471 to 477) contains provisions about "International Legal Assistance in Criminal Cases" and Section IV (Articles 478 to 480), about "Transfer of Criminal Proceedings".
Criminal Procedure Code of the Republic of Bulgaria (State Gazette No. 86/28.10.2005. Last amendment SG. 13/11 Feb 2011).
(Non official translation provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]
The Implications for Council of Europe Member States of the Ratification of the Rome Statute of the International Criminal Court: Progress Report by Bulgaria. Council of Europe, Strasbourg, 13 October 2003. [ENG]
Criminal Procedure Code of the Republic of Bulgaria. (In force from 29 April 2006; amendts. up to 11 February 2011)
OSCE Office for Democratic Institutions and Human Rights. [Last accessed 05 January 2015]. [ENG]. [External Link to pdf file]
Criminal Procedure Code of the Republic of Bulgaria. (Published State Gazette No. 86/28.10.2005, effective 29.04.2006, amended, SG No. 46/12.06.2007, effective 1.01.2008, amended and supplemented, SG No. 109/20.12.2007, effective 1.01.2008, amended SG No. 69/5.08.2008, amended and supplemented, SG No. 109/23.12.2008)
Supreme Court of Cassation of the Republic of Bulgaria. [Last accessed 05 January 2015]. [ENG]. [External Link]
Criminal Code of the Republic of Bulgaria. Supreme Court of Cassation. [Last accessed 05 January 2015]. [ENG]. [External Link]
Constitution of the Republic of Bulgaria. National Assembly of the Republic of Bulgaria. [Last accessed 05 January 2015]. [ENG]. [External Link]
Bulgarian government official journal (State Gazette). [Last accessed 05 January 2015]. [BUL]. [External Link]
International Humanitarian Law treaties to which Bulgaria is a State Party.
International Committee of the Red Cross [External Link]