Bringing an insult case under Article 146 of the Criminal Code: complaint, time limit and defence
An insult can be a crime when someone says or does something demeaning to another person’s honour or dignity in that person’s presence. Not every unpleasant remark, criticism or rude comment meets the requirements of Article 146 of the Criminal Code. The court considers the precise words or actions, their context, how they were perceived and whether they were objectively capable of humiliating the person concerned.
Important: insult is generally prosecuted on a complaint by the injured person. The complaint must be filed within six months of learning that the offence was committed. Missing the deadline may mean losing the opportunity to bring a prosecution by this route.
What constitutes an insult under Article 146?
Under Article 146(1), a person commits an insult by saying or doing something demeaning to another’s honour or dignity in their presence. Since 29 July 2025 the basic offence has carried a fine of BGN 500 to 3,000, and the court may also impose public censure.
It is not enough for the injured person simply to have felt offended. The words or actions must be objectively humiliating by contemporary social standards. The relationship between the parties, the cause of the conflict, the tone, the place and the audience all matter.
When is an expression insulting, and when is it legitimate criticism?
Freedom of expression protects opinions, assessments and criticism, including harsh or unwelcome views. It does not give an unrestricted right to direct vulgar, cynical or demeaning descriptions at another person.
The court considers the expression in its full context. The same word can mean different things in different situations. It is necessary to establish whom it targeted, who perceived it and whether it expressed a view on a matter of public concern or was a personal attack that contributed nothing to public debate.
The difference between insult and defamation
- Insult is a demeaning judgment, description, word or act directed at the injured person’s honour and dignity.
- Defamation under Article 147 consists of communicating a disgraceful fact about someone to others or imputing a crime to that person.
A defamatory assertion contains a statement of fact that can be tested for truth or falsity. An insult generally expresses a negative judgment, so proving the “truth” of the description does not resolve the dispute. The legal classification depends on the exact words and context, not on the label the injured person gives them.
Must the injured person be present?
Article 146 requires that the insult take place “in the presence” of the injured person. This is clear when the words are spoken face to face. The courts take a broader view where a communication is addressed directly to and perceived by the injured person, for example by telephone, letter, electronic message or through an intermediary acting on the offender’s instructions.
If demeaning words are spoken in front of others but do not reach the injured person in a manner covered by the law, an element of the offence may be missing. The conduct may nevertheless fall under a different legal classification.
Insults online and on social media
An insult can also take the form of a post, comment, chat, email, video or private message. For online communications it is necessary to establish the author, the exact wording, the addressee, the time of publication and how the injured person perceived the content.
If the insult was disseminated publicly or through mass media, the aggravated offence under Article 148 may apply. It carries a fine of BGN 500 to 10,000 and public censure. This range has applied since 29 July 2025. Not all internet posts automatically fall into the same category: the court assesses accessibility, audience and method of dissemination in each case.
For further analysis, see “Insult: elements of the offence, distinctive features and problems in practice”. The distinction from disseminating false statements of fact is discussed in the article on defamation.
How do you bring an insult case?
Proceedings normally begin with a written private criminal complaint filed with the competent district court. The injured person acts as private complainant and brings and pursues the charge personally.
Under Article 81 of the Code of Criminal Procedure, the complaint must contain:
- the complainant’s particulars;
- particulars of the person against whom it is filed;
- a specific account of the circumstances: when, where, what was said or done and how it was perceived;
- the complainant’s signature;
- proof of payment of the state fee.
A complaint is more than an ordinary report or an informal account. It defines the factual scope of the charge, so an incomplete or unclear description can make the case substantially more difficult.
What is the filing deadline?
The private complaint must be filed within six months of the day the injured person learned that the offence had been committed. In the circumstances provided for by law, the period may begin on receipt of notice that criminal proceedings have been stayed.
It is unwise to leave preparation until the end of the period. Identifying the author, preserving electronic evidence, locating witnesses and formulating a specific charge often take time.
What evidence matters?
- Witnesses who heard the words or saw the act;
- messages, emails and correspondence in apps;
- posts, comments, screenshots and details of the web address, date and profile;
- audio or video recordings, where obtained and used in an admissible manner;
- documents and expert opinions, including technical examination where authorship is disputed.
A cropped screenshot without a URL, date or context may prove insufficient. Preserve online content in full as early as possible, since the post or the profile may be deleted.
Can you claim compensation?
The injured person may claim compensation for non-pecuniary harm and, where incurred and proved, pecuniary losses. A civil claim can be brought in the criminal proceedings under the statutory conditions, or relief can be sought in separate civil proceedings.
There is no automatic award of a fixed amount. The court considers the nature and publicity of the insult, its reach, the intensity and duration of its effects, the parties’ relationship and the evidence presented.
What if the injured person insults the other person in return?
If the person insulted responds immediately with an insult, Article 146(2) allows the court to exempt both from punishment. This does not happen automatically, and not every later retort extinguishes liability. The court examines the immediacy of the response and the actual exchange of insults.
Examples from case law
Depending on the circumstances, courts have found that descriptions such as “idiot”, “clown”, “effigy”, “ugly mug”, “scarecrow”, “spiteful person” and similar expressions satisfied the elements of the offence. These examples do not mean that using the word always leads to conviction. In each case the court considers the target, context, publicity, intent and evidence.
Equally, not every negative judgment or ill-mannered remark is a crime. Criminal law does not resolve every personal disagreement; it protects honour and dignity against conduct that meets all the statutory elements.
What should you do immediately after an insult?
- Write down the exact words, date, place and names of those present.
- Preserve the entire correspondence and online post without editing the files.
- Identify the witnesses and their contact details.
- Given the six-month deadline, seek legal advice without delay.
- Discuss with a lawyer whether the facts point to insult, defamation, another offence or a civil wrong.
Official sources
This article provides general information and reflects the legislation as of October 2026. Each case requires its own legal assessment.
If you need advice on insult or defamation, or a defence in a private prosecution, you can consult a criminal lawyer such as Mihail Tomov of the Varna Bar Association.