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Bulgarian law is a largely civil law system, based on epitomes in French law and German law. It retains increasingly fewer elements of Soviet law. This makes the state's approach to criminal law inquisitorial rather than adversarial, and is generally characterised by an insistence on formality and rationality.
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before a court.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
Life imprisonment is any sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
The Schengen Information System (SIS) is a governmental database maintained by the European Commission. The SIS is used by 31 European countries to find information about individuals and entities for the purposes of national security, border control and law enforcement since 2001. A second technical version of this system, SIS II, went live on 9 April 2013. An upgraded Schengen Information System entered into operation on 7 March 2023.
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.
Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. This reform is sometimes applied retroactively but otherwise comes into force from either the enactment of the law or from a specified date. In some cases regulated permits or fines may still apply, and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is criminalization.
Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic means of transmission. Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, assault or fraud.
Romanization of Bulgarian is the practice of transliteration of text in Bulgarian from its conventional Cyrillic orthography into the Latin alphabet. Romanization can be used for various purposes, such as rendering of proper names and place names in foreign-language contexts, or for informal writing of Bulgarian in environments where Cyrillic is not easily available. Official use of romanization by Bulgarian authorities is found, for instance, in identity documents and in road signage. Several different standards of transliteration exist, one of which was chosen and made mandatory for common use by the Bulgarian authorities in a law of 2009.
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in certain countries related to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
Bulgarian law enforcement organisations are mainly subordinate to the Ministry of Interior.
The Supreme Court of Cassation is the final court of appeal in the Republic of Bulgaria. Its work is governed by the Constitution of 1991. According to Article 124, it exercises supreme judicial power over the application of the law in all courts. The Supreme Court of Cassation may even overturn a final decision by a lower court. It also takes part in the appointment of judges for the Constitutional Court. The Supreme Court of Cassation, however, does have to hand cases over to the Constitutional Court when it finds a contradiction between the laws and the Constitution of the Republic. If a question of constitutionality arises, the court may refer it to the Constitutional Court.
The National Police Service, also known as the GeneralDirectorate "National Police" is an independent agency of the Ministry of the Interior responsible for general law enforcement in Bulgaria.
The Mechanism for Cooperation and Verification (CVM) was a safeguard measure invoked by the European Commission when a new member or acceding state of the European Union failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom, security and justice or internal market policy. The European Commission has decided to not use CVM anymore. Instead, the Commission expects every new member to join the EU without deficiencies that would require special monitoring.
Ekaterina Trendafilova is a Bulgarian lawyer and judge with international and domestic experience. She is currently serving as the first President of the Kosovo Specialist Chambers – a position to which she was appointed in December 2016 for a four-year term and took her office on 12 January 2017.
Crime in Bulgaria is combated by the Bulgarian police and other agencies. The UK Government ranks Bulgaria as a high crime area and crime there has significantly increased in recent years, largely due to the involvement of the bulgarian mafia.
Victims' rights are generally defined as legal entitlements afforded to victims of crime. They vary according to the legal jurisdiction within which they are applied and are dependent on several variants including societal, cultural, political, socio-economic and geographical. Victims's rights belong to the public law sphere, and relate to criminal justice proceedings, constitutional law and restorative justice. Victims' rights are aligned with human rights law.
An unenforced law is a law which is formally in effect, but is usually not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.
Nikola Filchev Borisov is a Bulgarian jurist who served as the chief prosecutor of Bulgaria from 1999 to 2006. Between 2006 and 2008, he was the Bulgarian ambassador to Kazakhstan. In 1986, Filchev earned a doctorate in law.
Nicola Dolapchieff was a Bulgarian-American lawyer and professor of criminal law.
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