Lex Mundi Global Anti-Corruption Compliance Guide |
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Bulgaria |
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(Europe)
Firm
Penkov, Markov & Partners
Contributors
Roman Stoyanov |
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| What is the key anti-bribery and corruption legislation in your jurisdiction? | The anti-bribery and corruption legislation in Bulgaria includes the following acts:
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| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | A specific anti-bribery and anti-corruption law has been enacted in the last ten years in Bulgaria, namely the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets. The law has been enacted only recently in 2018 and unifies the Act on Forfeiture to the Exchequer of Unlawfully Acquired Assets and the Conflict of Interest Prevention and Ascertainment Act. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | A bribe payment to domestic government officials is prohibited by Bulgarian legislation. In particular, according to Art. 304, para. 1 of the Criminal Code a bribe payment is punishable and the individuals who have committed such a crime shall face imprisonment for a term up to six years and a fine. According to the provisions of the Bulgarian Criminal Code, the offering or promise of a bribe are prohibited and punishable, as well. A more severe penalty shall be imposed (imprisonment for a term up to eight years and a fine) in a case in relation to the bribe payment the government official has violated his official duties. These regulations are valid for bribe payment to both public officials and other individuals, as well as in cases where bribe payment is made or offered to arbitrators or experts, appointed by a court, institution, enterprise or organization where the committed crime is in connection with the tasks entrusted to them. The term of imprisonment and the fine envisaged raise, even more, when it comes to a bribe payment to government officials occupying responsible official position, including that of a judge, juror, prosecutor, investigator, police body or investigating police officer (up to ten years term of imprisonment and up to BGN 15,000, approx. EUR 7,500, fine). |
| Is a bribe payment to foreign government officials prohibited by the legislation? | The bribe payment to foreign government officials is prohibited and treated the same way as bribe payment to domestic government officials. It is punishable under the Criminal Code and the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets. |
| Is requesting or accepting a bribe prohibited by the legislation? | The requesting or accepting of a bribe is regarded as passive bribery under Bulgarian Law. Pursuant to Art. 301 of the Criminal Code the so-called passive bribery, namely the demand of a bribe by an official, is prohibited. The acceptance of a bribe payment or the acceptance of a proposal or promise for a bribe payment, or as it is defined in Bulgarian legislation – gift or undue benefit given or accepted in order for the official to perform or fail to perform an act connected to his service, are as well prohibited and punishable (imprisonment of between 6 and 30 years, fine and seizure of the unlawfully acquired assets as per below). When the subject of the crime is a judge, juror, prosecutor, investigator, police body, investigating police officer or other person occupying a responsible official position, the punishment is more severe. The punishments for bribery shall also be imposed on an arbitrator or expert, appointed by a court, institution, enterprise or organization where they perpetrate such acts in connection with the tasks entrusted to them. According to the regulations of the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets where as a result of the occupied high public position, the person abuses its powers, violates or fails to perform official obligations in view to directly or indirectly retrieve unreasonable material or intangible benefits for themselves or for other persons, an overall investigation of the official who has received and/or accepted the payment can be initiated and respective sanction can be imposed – confiscation of all assets acquired unlawfully through the unlawful activity. This could also include assets of relatives. |
| Who is subject to the legislation? | According to the Bulgarian Criminal Code and the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets only individuals and any of them could be subject to the anti-corruption legislation, whereby legal entities are not liable for committing and accepting a bribe. The Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets, Measures against Money Laundering Act, Administration Act, Civil Servants Act create an additional requirement for engaging responsibility of individuals who occupy high public positions. |
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | As mentioned above the Bulgarian legislation does not provide liability for corporate entities regardless if they have paid or accepted a bribe payment. |
| What is the penalty for individuals violating the law? | The legislation provides for both passive and active bribery (acceptance or payment) imprisonment of between 6 and 30 years and a fine. In addition, according to the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets, all assets unlawfully acquired by the offenders shall be seized. The Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets introduces, as of 2019, a more severe approach as a procedure for the confiscation of unlawfully acquired assets may be initiated by the competent authority even in cases when the criminal proceedings against an individual accused of bribery have been terminated or the said individual has been acquitted on bribery counts. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | N/A. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | N/A. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | N/A. |
Lex Mundi Global Anti-Corruption Compliance Guide
The anti-bribery and corruption legislation in Bulgaria includes the following acts:
- the Criminal Code;
- the Criminal Procedure Code;
- the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets;
- the Measures Against Money Laundering Act;
- the Administration Act;
- the Civil Servants Act;
- the Conflict of Interest Prevention and Ascertainment Act;
- the Administrative Procedure Code;
- the Publicity of the Property of High Government Officials Act;
- the Code of Conduct for Public Administration Employees; and
- the Code of Ethics for High Public Positions in the Executive Authority.
A specific anti-bribery and anti-corruption law has been enacted in the last ten years in Bulgaria, namely the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets. The law has been enacted only recently in 2018 and unifies the Act on Forfeiture to the Exchequer of Unlawfully Acquired Assets and the Conflict of Interest Prevention and Ascertainment Act.
A bribe payment to domestic government officials is prohibited by Bulgarian legislation. In particular, according to Art. 304, para. 1 of the Criminal Code a bribe payment is punishable and the individuals who have committed such a crime shall face imprisonment for a term up to six years and a fine.
According to the provisions of the Bulgarian Criminal Code, the offering or promise of a bribe are prohibited and punishable, as well.
A more severe penalty shall be imposed (imprisonment for a term up to eight years and a fine) in a case in relation to the bribe payment the government official has violated his official duties.
These regulations are valid for bribe payment to both public officials and other individuals, as well as in cases where bribe payment is made or offered to arbitrators or experts, appointed by a court, institution, enterprise or organization where the committed crime is in connection with the tasks entrusted to them.
The term of imprisonment and the fine envisaged raise, even more, when it comes to a bribe payment to government officials occupying responsible official position, including that of a judge, juror, prosecutor, investigator, police body or investigating police officer (up to ten years term of imprisonment and up to BGN 15,000, approx. EUR 7,500, fine).
The bribe payment is prohibited by the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets as well, although the main purpose of the act is to eliminate the consequences caused by the so-called passive bribery. Nevertheless, if it turns out that an individual has committed a bribe payment to another individual or public official, an overall investigation of the individual who has committed the payment can be initiated and respective sanction can be imposed (confiscation of assets).
The bribe payment to foreign government officials is prohibited and treated the same way as bribe payment to domestic government officials. It is punishable under the Criminal Code and the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets.
The requesting or accepting of a bribe is regarded as passive bribery under Bulgarian Law.
Pursuant to Art. 301 of the Criminal Code the so-called passive bribery, namely the demand of a bribe by an official, is prohibited.
The acceptance of a bribe payment or the acceptance of a proposal or promise for a bribe payment, or as it is defined in Bulgarian legislation – gift or undue benefit given or accepted in order for the official to perform or fail to perform an act connected to his service, are as well prohibited and punishable (imprisonment of between 6 and 30 years, fine and seizure of the unlawfully acquired assets as per below).
When the subject of the crime is a judge, juror, prosecutor, investigator, police body, investigating police officer or other person occupying a responsible official position, the punishment is more severe.
The punishments for bribery shall also be imposed on an arbitrator or expert, appointed by a court, institution, enterprise or organization where they perpetrate such acts in connection with the tasks entrusted to them.
According to the regulations of the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets where as a result of the occupied high public position, the person abuses its powers, violates or fails to perform official obligations in view to directly or indirectly retrieve unreasonable material or intangible benefits for themselves or for other persons, an overall investigation of the official who has received and/or accepted the payment can be initiated and respective sanction can be imposed – confiscation of all assets acquired unlawfully through the unlawful activity. This could also include assets of relatives.
According to the Bulgarian Criminal Code and the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets only individuals and any of them could be subject to the anti-corruption legislation, whereby legal entities are not liable for committing and accepting a bribe.
The Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets, Measures against Money Laundering Act, Administration Act, Civil Servants Act create an additional requirement for engaging responsibility of individuals who occupy high public positions.
As mentioned above the Bulgarian legislation does not provide liability for corporate entities regardless if they have paid or accepted a bribe payment.
The legislation provides for both passive and active bribery (acceptance or payment) imprisonment of between 6 and 30 years and a fine. In addition, according to the Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets, all assets unlawfully acquired by the offenders shall be seized.
The Act on Counteracting Corruption and on Seizure of Unlawfully Acquired Assets introduces, as of 2019, a more severe approach as a procedure for the confiscation of unlawfully acquired assets may be initiated by the competent authority even in cases when the criminal proceedings against an individual accused of bribery have been terminated or the said individual has been acquitted on bribery counts.
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