(Латинска сентенция)
First theft charge – punishment, suspended sentence and defence
A first theft charge does not automatically mean immediate imprisonment or a suspended sentence. The result depends on the legal classification, value and manner of the act, the evidence, compensation and the accused person’s circumstances. No previous convictions is important, but not decisive by itself.
What does “first charge” mean?
Being charged for the first time is different from having no conviction for a publicly prosecutable offence. Rehabilitation, an earlier application of Article 78a, pending cases, repetition or recidivism must be checked.
Possible punishment
Basic theft under Article 194(1) of the Bulgarian Criminal Code is punishable by up to eight years’ imprisonment. This is the statutory range, not an automatic sentence. A minor case under Article 194(3) may result in imprisonment up to one year, probation or a fine. Breaking and entering, a technical device, prior agreement and other features may amount to aggravated theft under Article 195.
Is a suspended sentence guaranteed?
No. Under Article 66, suspension is possible when the imposed term is no more than three years, the person has not previously been sentenced to imprisonment for a publicly prosecutable offence, and the court finds actual imprisonment unnecessary. The probation period is three to five years. A suspended sentence is still a conviction.
Administrative fine
For minor cases, Article 218b may permit an administrative fine where the value is within the statutory threshold, the property has been restored or replaced and no exclusion applies. Article 78a may apply to an intentional offence punishable by no more than three years when all statutory requirements are satisfied. Basic theft under Article 194(1) exceeds that threshold, but a lighter classification may change the assessment.
Returning the property
Return or replacement before the end of the first-instance judicial hearing may reduce punishment in cases under Article 197. It is also relevant to sentencing and administrative liability, but does not automatically erase the offence.
Possible outcomes
- termination or acquittal;
- release from criminal liability with an administrative penalty;
- a court-approved agreement;
- abbreviated proceedings;
- a fine, probation, suspended or effective imprisonment.
An agreement has the effect of a final conviction and must be assessed with all its consequences.
What should the defence check?
- authorship and intent;
- ownership and valuation;
- whether a minor or lighter classification applies;
- lawfulness of recordings, witness evidence, identification and seizures;
- compensation of all damage;
- application of Articles 197, 218b, 78a or 66.
Initial statements, surrender, searches and identification may shape the case. The defence position should follow a review of the materials.
Related articles
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.