Petty offences are dealt with in the Criminal Code of Bulgaria establishing in art. 78a the institute for Release from Penal Responsibility, the Criminal Procedures Code, setting forth the procedure for release from penal responsibility by imposing administrative measures, and the Juvenile Anti-Social Behavior Act as regards the sanctions that might be imposed on minors who are released from penal responsibility under the conditions set forth in art. 78a from the Criminal Code.
Impenetrability means that the act does not have one of the required features of the crime and for this it is not criminal.
The Release from Penal Responsibility means that the act is not punishable under the conditions set forth in the penal law. In other words, the penetrator has committed a crime but he or she can be released from penal responsibility.
To summarize the above, according to the case law, when applying the Release from Penal Responsibility institute, the penetrator has to be declared guilty first and then the measures of art. 78a from the Criminal Code to be applied.
In regards with the minors, first thing that has to be mentioned is that educational measure should be understood as one of the measures under the Juvenile Anti-Social Behavior Act. Secondly, the legislator had in mind the punishment for each criminal offense in the Special Section of the Criminal Code and not the reduced one for minors.
Again, the act under Art. 78a The Criminal Code preserves its criminal nature.
Being homeless/Rough sleeping is not per se a crime. However according art. 329 from the Criminal Code, an adult capable for work, who for a long time does not engage in any socially useful work, but receives unearned incomes in an illegal or immoral way, shall be punished by deprivation of liberty for up to two years or probation. Also, a person who systematically practices mendicancy, shall be punished by probation for a period of up to two years.
According to art. 35 of the Juvenile Anti-Social Behavior Act, minors and minors shall be accommodated in the homes:
(b) arrested in vagrancy, begging, prostitution, alcohol abuse, the spread or use of narcotics or other narcotic drugs;
(c) involuntary departments of compulsory education or compulsory treatment;
(d) have committed an antisocial phenomenon and have fallen into such a state of unconsciousness, making it unreasonable to remain with the parents or the persons replacing them.
On the other hand, the Law for Protection of the Child states that every child has the right to protection against use for begging, prostitution, the distribution of pornographic material and the receipt of illicit material income, as well as against sexual violence.
Therefore, the measures under the Juvenile Anti-Social Behavior Act are aimed at least per definition to protect the child and ensure the proper development and education of their perpetrators. But placing children in these homes where they are being systematically abused de facto aids to making them socially marginalized group.
C). Small thefts
According to art. 194 of the Criminal Code, a person who takes away from another movable property without his consent, with the intent to unlawfully appropriate it, shall be punished for theft by deprivation of liberty for up to eight years. In minor cases the punishment shall be deprivation of liberty for up to one year, or probation, or a fine from BGN one hundred to three hundred.