Administrative and Criminal Liability in Cases of Domestic Violence

The Law on Protection against Domestic Violence (LPDV) does not limit itself only to protective measures for victims. It also provides for sanctions against the perpetrator when court orders are not respected. At the same time, the Criminal Code (CC) regulates a number of crimes that may apply to specific acts of violence.

Administrative liability

According to Article 1 of the LPDV, if the perpetrator violates a protection order, the measures under this law do not exclude his or her civil, administrative-penal, or criminal liability.

Example: if the court has prohibited the perpetrator from approaching the victim’s residence, but he is caught nearby, the police issue an act and the fine is imposed by the court.

Criminal liability

The administrative sanction does not exclude criminal liability. For more serious violations and criminal acts, the Criminal Code applies.

• Failure to comply with a court order (Art. 296, para. 1 CC): if the perpetrator intentionally disobeys a protection order, this is a crime punishable by up to 3 years’ imprisonment or a fine of up to BGN 5,000.

• Bodily harm (Arts. 128–131 CC): if the act of violence has caused minor, medium, or severe bodily injury, the perpetrator is criminally liable according to the degree of severity.

• Coercion (Art. 143 CC): when the perpetrator forces the victim, through violence or threat, to commit or omit a certain act.

• Threat (Art. 144 CC): if the threat is perceived seriously and causes a well-founded fear in the victim.

Administrative violation or crime?

The distinction depends on the severity and nature of the act:

• If the perpetrator merely violates the restraining order or fails to comply with another measure without committing a violent act – this is an administrative violation.

• If the perpetrator attacks the victim, causes bodily harm, or makes a serious threat – this is already a crime under the CC.

In practice, both often accumulate – a fine is imposed for violation of the order, but at the same time criminal proceedings are initiated for the act itself.

Practical examples from case law

• District courts often impose fines when the perpetrator approaches again, even without physical contact.

• In other cases, when the victim is attacked after an order has been issued, courts find a crime under Art. 296 CC and initiate criminal proceedings.

• Supreme Court of Cassation (SCC) decisions emphasize that even a verbal threat made in violation of a court order may be classified as a crime if it creates a well-founded fear in the victim.

Conclusion

The liability system in cases of domestic violence is two-tiered – an administrative fine for violation of a protection order and criminal liability for committing a crime. This distinction allows the state to react adequately in each case – from “lighter” violations to serious crimes.

Victims should know that they have real mechanisms for protection: reporting to the police, filing a complaint with the prosecution, and requesting new measures from the court.

This article does not constitute legal opinion or advice related to a specific situation or individual. Each case has its own specifics, and the outcome depends on particular circumstances. Therefore, affected persons are advised to consult a lawyer to assess their case and guide them on possible protective measures.