Theft under Article 194 – elements, punishment and defence

Theft under Article 194 of the Bulgarian Criminal Code is the unlawful taking of another person’s movable property from their possession, without consent, with intent to appropriate it. Every element must be proved; a civil dispute about ownership or possession does not automatically constitute theft.

Movable property belonging to another

The object must be movable and belong wholly or partly to another person. Money, goods, devices, vehicles and other movable objects may qualify. Ownership, possession and identity should be established by documents, witnesses, serial numbers, photographs or other reliable evidence.

Taking from possession

Taking interrupts the factual control of the previous possessor and establishes control by the offender. The person from whose possession the item is taken need not always be its owner. The offence is completed when this change of control occurs and the offender can exercise factual power over the item.

Lack of consent

The removal must occur without the possessor’s consent. If property was voluntarily delivered because of deception, another offence such as fraud may need to be considered. A contractual dispute, unpaid debt or disagreement over jointly held property requires careful distinction from criminal theft.

Intent to appropriate

The prosecution must prove direct intent to treat the property as one’s own. Temporary use, mistake about ownership or a genuine belief in a right over the item may affect the required intent, depending on the facts.

Punishment and classification

Basic theft under Article 194(1) is punishable by imprisonment of up to eight years. A minor case under paragraph 3 has lighter alternatives. Aggravating features under Article 195, dangerous recidivism under Article 196, return of property under Article 197 and administrative treatment under Article 218b may materially change the result.

Evidence and defence

• ownership and precise identity of the property;
• time, place and manner of taking;
• camera recordings and witness reliability;
• possession of the item and explanation of acquisition;
• intent and any civil-law relationship;
• valuation, restoration and applicable lighter provisions.

The accused is presumed innocent, and the prosecution bears the burden of proving every element. Silence cannot replace missing evidence.

Related articles

• Aggravated theft under Article 195
• Minor case of theft
• Attempted theft
• Participation in theft
• Shoplifting
• Handling stolen property under Article 215
• Returning stolen property and compensating damage
• Evidence in a theft case
• First theft charge

This material is general information and is not legal advice for a specific case.

If you need advice on a criminal-law matter, contact attorney Mihail Tomov of the Varna Bar Association.