Overview
The September 25, 2026 proposal to amend Bulgaria’s Criminal Code combines higher penalties for specified serious offenses with concrete safeguards for proportionality and individualized sentencing. It also proposes a new approach to protecting sexual autonomy and additional protections against intentional obstruction and corruption of criminal justice. The proposal forms part of the coordinated Criminal Code, Criminal Procedure Code, and Judicial System Act package submitted for consideration by the competent institutions.
Key areas of proposed reform
Proportionate, reasoned sentencing
The proposal would require a structured assessment of harm, culpability, mitigating and aggravating factors, and separate reasons for an aggregate sentence. Life imprisonment would require exceptional gravity in the particular case and reasons why a fixed prison term would be insufficient. The proposal would not create additional offenses punishable by life imprisonment without commutation. Exercising the right to remain silent or other lawful defense rights could not aggravate a sentence.
Protection of life and bodily integrity
The proposal would increase sentencing ranges for intentional homicide and its aggravated forms and introduce specific rules for intentionally inflicting grievous bodily injury. Related provisions address aggravated bodily injury, dangerous recidivism, and negligently causing death as a consequence of such injury, while preserving the requirement to prove the applicable form of culpability.
Rape and freely given consent
The proposal would introduce a gender-neutral rape offense based on sexual penetration without freely given consent. It defines the covered acts, the requirements for consent, and its withdrawal. Silence, lack of physical resistance, or a prior relationship would not, by themselves, establish consent. Graduated penalties would be coordinated with the separate protections afforded to children.
Residential theft, robbery, and fraud
The proposal would introduce specific offenses for theft involving unlawful entry into a dwelling and its armed form, distinguish them from robbery, and prevent separate punishment for the same taking under both provisions. It would increase penalties for robbery and fraud and coordinate the rules governing recidivism, exceptionally large amounts, and restitution or replacement of stolen property.
Integrity of justice and anti-corruption safeguards
The proposal would define more specific liability for intentional obstruction of prosecution and introduce an offense covering deliberate manipulation of case materials or prosecution of a person known to be innocent. Related amendments address improper pressure through personnel and official powers, bribery, trading in influence, and intermediation. Good-faith error, a different assessment of evidence, or reversal of a decision alone would not establish criminal liability.
Exceptionally dangerous driving resulting in death
The proposal would establish a specific offense for an exceptionally serious fatal case involving an expressly listed extreme driving violation and conscious negligence. It requires a causal connection and coordinates the rules with intentional transport offenses, a lower sentencing range where all possible assistance is provided, and disqualification from driving. A death or speeding alone would not justify the most severe penalty.