Participation in theft exists when two or more persons intentionally take part in the same offence. Bulgarian law distinguishes the perpetrator, instigator and aider. Liability depends on each person’s own conduct and intent, not merely on presence or acquaintance with the others.
The perpetrator carries out the taking. Co-perpetrators jointly perform elements of the act under a common plan. It is not necessary for every participant to physically hold the property, but each contribution must form part of the execution.
An instigator intentionally persuades another person to commit the theft. General approval or a later comment is not enough; there must be a causal influence on the decision to commit the specific offence.
An aider intentionally facilitates the offence through advice, information, tools, transport, guarding the area or removing obstacles. Assistance promised in advance after the theft may also be relevant. Help first offered only after completion may instead raise a different offence, such as handling stolen property.
Participation requires knowledge and intent regarding the common offence. Mere presence, family relationship, travelling together or passive knowledge is not automatically complicity. The prosecution must prove the concrete contribution and mental element of each accused person.
The punishment is individualised for each participant according to role, contribution and personal circumstances.
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.