Participation in theft – perpetrator, instigator and aider

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.

Perpetrator and co-perpetrator

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.

Instigator

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.

Aider

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.

Common intent

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.

Evidence and defence

• messages and calls must be read in full context;
• camera footage must show the person’s actual conduct;
• witnesses should distinguish assumptions from personal observations;
• the timing of any agreement must be established;
• individual acts and possible withdrawal must be examined.

The punishment is individualised for each participant according to role, contribution and personal circumstances.

Related articles

• Theft under Article 194 of the Criminal Code
• Aggravated theft under Article 195
• Handling stolen property under Article 215

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.