Exceptional or numerous mitigating circumstances

The first condition for applying Article 55 of the Criminal Code is the presence of exceptional or numerous mitigating circumstances. In its extensive case law, the Supreme Court of Cassation of the Republic of Bulgaria has described mitigating circumstances as numerous when they substantially outnumber the aggravating circumstances, and as exceptional when they distinguish the particular case materially from a typical case. The first assessment is quantitative; the second is qualitative. One of several mitigating circumstances may itself be exceptional, as may be the case with a serious illness or the defendant’s advanced age. A clean criminal record, favourable character references, employment and ongoing education are generally mitigating circumstances, but are not in themselves exceptional. They may be considered in assessing whether mitigating circumstances are numerous, but only in conjunction with other mitigating circumstances.

In proceedings to determine a defendant’s criminal liability, the defendant should be represented by a lawyer who can identify and establish any exceptional or numerous mitigating circumstances.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a lawyer practising criminal law.