Police warning under Article 65 of Bulgaria’s Ministry of Interior Act: what does it mean and what are your rights?
Receiving a police warning often causes concern. Does it mean that you have committed a crime? Must you sign the record? Can you dispute what it says?
A warning under Article 65 of the Ministry of Interior Act has a preventive and informative purpose. It aims to prevent future unlawful conduct and explain the liability provided for by law.
When can the police issue a warning?
Under Article 65(1), police authorities may give an oral or written warning to a person where sufficient information exists to suggest that they may commit a crime or a breach of public order. A written warning is recorded in a document informing the person of the liability associated with the relevant unlawful conduct.
The occasion may be a report of threats, a dispute between neighbours, a family dispute or other circumstances giving rise to concerns about a future violation.
A report made against you does not automatically mean that its allegations are true. The reporting person’s claims must be distinguished from facts established during the inquiry.
A warning should not be used to exert pressure in a private dispute. Case law includes instances in which the necessary factual grounds for a warning were found to be absent.
Is a warning a punishment?
The warning itself is not a conviction, fine or penalty decree. It does not conclusively establish that the warned person has committed a crime.
Drawing up a warning record should not be confused with police registration, for which the law provides separate grounds and procedures.
Nevertheless, the document should not be ignored. Keep it, particularly if the conflict continues or further inquiries are expected.
How is the written warning recorded?
The law requires the record to be drawn up in the presence of the warned person and one witness. After its contents have been reviewed, it is signed by the police officer, the person and the witness. If the person refuses to sign, the witness certifies the refusal by signing.
Before signing, it is sensible to check:
- whether your personal particulars are correct;
- whether the conduct about which you are being warned is clearly identified;
- whether the document contains allegations you disagree with;
- whether explanations or statements attributed to you have been included.
Ask for clarification of any unclear wording and for a copy of the document.
Does signing amount to an admission of guilt?
A signature on the warning does not in itself admit that you have committed a crime or violation. The law connects signing with being acquainted with the contents of the record.
However, it is important to read the entire text. If the document includes your explanations or specific admissions, their significance must be assessed separately.
If you dispute the circumstances described, ask for your disagreement to be recorded or submit a written statement and retain proof of submission. Refusing to sign does not remove the warning, because the law allows the witness to certify the refusal.
Can a warning be appealed?
This requires a careful assessment of the particular document.
Case law recognises that a warning which merely reminds a person of their obligation to obey the law and does not directly affect rights or legitimate interests is not an independently appealable individual administrative act. An appeal against such a document may be dismissed as inadmissible.
Its contents, rather than just its title, are decisive. If specific obligations or restrictions are imposed alongside the warning, their legal basis and the applicable means of protection should be examined.
It is therefore wrong to promise in advance either that every written warning can be overturned by a court or that legal protection is always excluded. A lawyer’s assessment should cover the document, the case file and the actual consequences for its recipient.
What is its significance in domestic violence cases?
In domestic violence cases, the law expressly provides that a copy of the warning record is to be supplied to the victim upon request.
Where there are threats or ongoing violence, do not rely solely on the warning. Seek timely assistance and an assessment of any additional protective measures needed. In immediate danger, call 112.
What should you do if you receive a warning?
Read its contents calmly, ask for a copy and preserve relevant messages, documents and witness details. If you believe false allegations have been made against you or unjustified restrictions imposed, seek legal assistance promptly.
Tomovi Law Firm provides legal assistance with police inquiries, written warnings and disputes concerning the actions of police authorities.
Legal basis: Article 65 of the Ministry of Interior Act; Judgment No. 7726 of 14 December 2017 in administrative case No. 10431/2017 and Order No. 4852 of 16 June 2022 in administrative case No. 11185/2021 of the Sofia City Administrative Court.