(Латинска сентенция)
Minor case of theft – Articles 194(3) and 218b
A minor case of theft is not determined only by the low value of the property. Under Article 93(9) of the Bulgarian Criminal Code, the court assesses the absence or clearly lower degree of harmful consequences together with the other circumstances. Article 194(3) provides a lighter penalty when the basic theft is minor.
Assessment of a minor case
- value and significance of the property for the victim;
- manner, planning and persistence;
- damage beyond the value of the item;
- return or replacement of the property;
- the offender’s role and personal circumstances;
- the overall degree of public danger.
No fixed monetary amount automatically makes every theft minor. Repeated conduct, breaking and entering, abuse of trust or additional damage may point in the opposite direction.
Penalty under Article 194(3)
A minor case is punishable by imprisonment up to one year, probation or a fine. The court chooses and individualises the punishment after assessing mitigating and aggravating factors.
Administrative procedure under Article 218b
For acts covered by the listed minor provisions, an administrative fine may be imposed when the value does not exceed two minimum monthly wages at the date of the act, the property is restored or replaced, and none of the statutory exclusions applies. The monetary threshold alone is insufficient.
Article 78a
Release from criminal liability with an administrative penalty may also require examination where the applicable offence carries no more than three years for an intentional act, the person meets the clean-record conditions, all property damage is compensated and no exclusion applies. The relationship between the special Article 218b procedure and Article 78a must be assessed in the individual case.
Defence checks
The value must be supported by reliable evidence or expert appraisal. The full circumstances, restoration documents, previous record and all statutory exclusions must be reviewed before choosing a procedure.
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.