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When someone is charged with drug possession, the first questions are what substance was seized, who exercised actual control over it and whether that person knew what they possessed. Article 354a(3) of the Bulgarian Criminal Code covers acquisition or possession without the requisite permit. The substance and its classification matter. If the prosecution also alleges intent to distribute, that intent must be proved separately.<\/p>\n
A small quantity does not automatically mean there is no offence. Article 9(1) of the Code requires a culpable, socially dangerous act made punishable by law. Under paragraph 2, an act is not criminal if, because of its insignificance, it poses no social danger or its degree of social danger is manifestly negligible. This general rule may also be considered in drug possession cases.<\/p>\n
The distinction from a minor case is important: under Article 354a(5) read with paragraph 3, the act remains a criminal offence, but the prescribed penalty is a fine. The quantity, type and value of the substance, the circumstances of possession and the other evidence all matter. Neither a low price nor an assertion of personal use is conclusive on its own.<\/p>\n
For a consultation with Tomovi Law Firm, gather any records of search, seizure or voluntary surrender, the forensic chemistry report and the formal charging decision, if available. These documents allow the established facts to be compared with the precise legal classification of the alleged offence.<\/p>\n