Children and Juveniles under Bulgarian Law: Age, Criminal Responsibility and Penalties

The distinction between a child under 14 and a juvenile aged 14 to 17 is decisive for criminal responsibility. Bulgarian law establishes different age limits and requirements because a child’s ability to understand an act and control their behaviour is assessed under special rules.

Up to what age is a person considered a child under 14?

A child under 14 is a person who has not reached the age of 14.
A juvenile is a person from the age of 14 until reaching the age of 18.
Upon reaching the age of 18, a person becomes an adult.

Age is determined as at the time the act was committed, not at the time of the investigation or the court’s decision.

Are children under 14 criminally responsible?

No. Under Article 31 of the Bulgarian Criminal Code, a person under the age of 14 is not criminally responsible. A child under 14 cannot receive a penalty under the Criminal Code such as imprisonment, probation or a fine.

This does not mean that the conduct has no consequences. Where the statutory conditions are met, educational measures may be imposed under the Juvenile Delinquency Act. Their purpose is educational and preventive, not punitive.

When is a juvenile criminally responsible?

Merely reaching the age of 14 is not sufficient. A juvenile is criminally responsible only if, when committing the act, they were able:

to understand the nature and significance of the act; and
to control their conduct.

This assessment is made individually in every case. If there is doubt, psychological or psychiatric expert examinations may be ordered and information may be collected about the child’s development, environment and behaviour. If the required capacity was absent, the juvenile is not criminally responsible and educational measures may be applied.

What educational measures may be applied?

The law provides different measures depending on age, the act, the child’s personality and the family environment. They include a warning, an obligation to apologise, participation in counselling or programmes, placement under educational supervision, and other measures expressly prescribed by law.

Proceedings before the local commission are not criminal proceedings, but they may seriously affect the child’s rights and daily life. The facts, evidence and selected measure must therefore be carefully assessed.

What penalties may be imposed on juveniles?

Where a juvenile is criminally responsible, the special rules in Articles 60–65 of the Criminal Code apply. Their primary purpose is re-education and preparation for socially useful work. A penalty prescribed for an adult offender is replaced by a lighter penalty within the limits established by Article 63 of the Criminal Code.

There is no single maximum term applicable to every juvenile and every offence. The reduction depends on the age group, the type of prescribed penalty and the specific offence. Answering the question “how many years in prison can a juvenile receive?” therefore requires examination of the exact legal classification and the applicable provision of Article 63.

Can a juvenile be released from criminal responsibility?

Yes, under the conditions of Article 61 of the Criminal Code. Where an offence was committed through recklessness or thoughtlessness, does not present a high degree of danger to society, and educational measures can be applied successfully, the prosecutor or court may refer the matter to educational proceedings instead of imposing a conviction. This is not automatic and depends on the facts of the individual case.

Is imprisonment a measure of last resort for juveniles?

Imprisonment is possible, but it is imposed under special rules and following an individual assessment. The court considers the seriousness of the act, the degree of danger to society, age, development, motives, conduct after the act and prospects for rehabilitation. A short term of imprisonment may, under the conditions prescribed by law, be replaced by an educational measure.

When a custodial sentence is served effectively, special rules apply to juveniles and the sentence is served separately from the regime applicable to adult prisoners.

What rights does a juvenile have during questioning and after being charged?

The Bulgarian Criminal Procedure Code contains special rules for cases involving juveniles. The principal safeguards include:

mandatory participation of defence counsel where the accused is a juvenile;
priority investigation and examination of the case;
participation of appropriately trained authorities and consideration of the child’s age and development;
summoning and participation of parents, guardians or other caregivers in accordance with the special procedural rules;
restrictions on publicity where necessary to protect the juvenile.

In the event of detention or a summons for questioning, legal representation should be arranged immediately, before any substantive statement is given.

Are parents criminally responsible for an act committed by their child?

A parent is not automatically criminally responsible for an offence committed by the child. A parent’s liability may arise only from the parent’s own conduct where it constitutes an offence or violation. Separately, civil liability for damage may be considered depending on the child’s age, the supervision exercised and the particular circumstances.

Frequently asked questions

What is the difference between a child under 14 and a juvenile?

A child under 14 is not criminally responsible. A juvenile is between 14 and 18 years of age and is criminally responsible only if able to understand the act and control their conduct.

Until what age is a person considered a child under 14?

Until the day before their 14th birthday. From the age of 14 until reaching 18, the person is a juvenile.

Can a 15-year-old be convicted?

Yes, but only if criminally responsible under the criteria of Article 31(2) of the Criminal Code. The special reductions of penalties and procedural safeguards for juveniles apply.

Can a juvenile be detained?

Yes, where the legal requirements are met, but detention must be used as a measure of last resort and for the shortest appropriate period. Its lawfulness in a particular case depends on the grounds, procedure and observance of the special safeguards.

Is a lawyer required?

Where the accused is a juvenile, representation by defence counsel is mandatory. Early legal advice is also important during a police check, detention or educational proceedings.

Conclusion

Children under the age of 14 are not criminally responsible. Juveniles aged 14 to 17 may be criminally responsible only after an individual assessment of whether they understood the act and were able to control their conduct. The law provides for lighter penalties, the possibility of educational measures and enhanced procedural safeguards.

This article provides general information and does not constitute legal advice on a specific case. In the event of detention, charges or educational proceedings, a lawyer should be consulted immediately and the case materials reviewed.

Related topic: See also our practical guide to educational measures under the Juvenile Delinquency Act and the rights of children and parents.