Qualified Theft – Breaking In, Technical Means, Prior Agreement and Repetition

Qualified theft is a more seriously punishable form of theft because of the method, means, object or perpetrator. The legal classification depends on the proven facts, not merely on the initial description of the case.

When is theft qualified?

The basic offence is taking another person’s movable property without consent and with intent to appropriate it unlawfully. Article 195 of the Bulgarian Criminal Code provides heavier liability in specified circumstances.

Breaking or damaging barriers

A qualified form may apply where a barrier firmly constructed for the protection of persons or property has been broken or damaged. The nature of the barrier, the method used and the connection with the taking must be established.

Use of technical means

Heavier liability may apply where a technical device was used. The object or method and whether it actually facilitated the taking must be examined. Inspection records, seized objects, expert reports, video and witness evidence may be important.

Prior agreement

Where two or more persons agreed in advance to commit the theft, a qualified form may apply. The agreement must precede the execution and be proved by specific facts; the mere presence of several persons is insufficient.

Repetition and dangerous recidivism

Previous convictions may affect classification and penalty only where the statutory requirements are met. The criminal record, dates, final judgments and rehabilitation must be checked.

What should be examined?

• ownership and possession of the property;
• absence of consent;
• intent to appropriate unlawfully;
• the method of entry and means used;
• the value and valuation report;
• legality of searches, seizures and identification;
• the individual role of each accused person.

Penalty and individual assessment

The penalty depends on the applicable form, value, consequences, criminal record and other circumstances. Any procedural agreement, shortened trial or suspended sentence must be assessed individually.

Related article

See Theft, robbery and misappropriation – key differences.

This article provides general information. For advice, contact attorney Mihail Tomov.