5.1.1 When do the police get involved in domestic disputes or legal actions?
Where there is a direct and imminent threat to the life or health of the victim, the victim may contact the police or seek a protection order from the court with evidence from the victim.
5.1.2 What circumstances effect law firm involvement?
Lawyers are available to help victims file an application and to represent them pro bono in court. While the consultations are free for victims, the Bulgarian Gender Research Foundation (BGRF) pays the lawyers, but not full remuneration. Due to limited funds, the BGRF is only able to cover costs for the most severe cases. This same protocol also applies to the BGRF's branches in Haskovo and Plovdiv.[8]
5.2.1 Is proof required by any legal means?
Yes. Where there is physical, sexual, emotional or psychological violence, evidence from a physician may be helpful. A document from a medical doctor who has legal care over the complainant and is therefore obliged to certify the trauma or injury will be especially helpful.
One important piece of evidence needs to be attached to the application for protection, namely the declaration by the applicant under Section 9(3) of the Bulgarian Protection Against Domestic Violence Act that the stated facts of domestic violence are indeed true. The declaration is necessary because in domestic violence cases, due to their intimate character, it is often the case that the victims have no objective evidence such as video footage or witness evidence.
As a result, the standard of proof is intentionally significantly lowered and the court may issue a protection order even solely based on a declaration.[9] However, the declaration may be rebutted by contradictory evidence.5.2.2 Are there any requirements regarding evidence and documents?
The means of evidence under the Code of Civil Procedure will be admissible in the proceedings for issuing a protection order. The means of evidence may include the following:
- protocols, reports and other acts, issued by the Social Assistance Directorate, doctors and psychologists, having consulted the victim
- documents issued by legal persons performing social services and recorded in a register of the Social Assistance Directorate
- the declaration of the victim
5.2.4 Is the standard of proof different for ex parte orders?
Where the petition contains data of a direct, immediate or subsequent threat to the victim's life or health, at a closed session without summoning the parties, the district court will issue an order for immediate protection within 24 hours of receiving the petition or the request.[11]
5.3.3 Are false accusations punishable for the victim?
Yes. Intentionally submitting a false declaration is a criminal offense and applicants must only state the facts that, to their knowledge, are true.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
N/A
5.4.5 Can children be called upon to testify?
Yes. No age limit has been set for providing witness testimony, i.e., children may be subpoenaed and they can testify before a court of law. The Code of Criminal Procedure provides special rules for examining minor or adolescent witnesses. The child must be examined in the presence of a psychologist or an expert in education and, if necessary, in the presence of a parent or guardian.[12]
5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?
Domestic violence
- Oblige the perpetrator to abstain from committing domestic violence.
- Remove the perpetrator from the cohabited residence for a term decided by the court.
- Prohibit the perpetrator from approaching the victim, the victim's residence, working place and places of social contact.
- Temporarily place the child with the victimized parent, unless this contradicts the child's interests.
- Oblige the perpetrator to take part in specialized rehabilitation programs.
- Refer victims to rehabilitation programs.
Rape
- Under Article 152(1) of the Criminal Code, rape committed by a man against a woman is punishable by two years to eight years of imprisonment
- Higher punishment of three years to 10 years is available for aggravated rape (e.g., when the victim is under 18 years old, related to the offender or if it is a repeat offense).
- Punishment of 10 years to 20 years is available where the victim is under 14 years old, where serious bodily injury has been caused or where the victim has subsequently committed suicide.
5.5.2 Are there criminal penalties?
Protection against domestic violence and gender-based violence under criminal law is only secondary, that is, only insofar as specific acts of domestic violence reach such gravity as to be classified as crimes, e.g., medium or grave bodily injury or murder. A number of crimes are only prosecuted upon a complaint by the victim (e.g., light bodily injury); therefore, if the victim decides to withdraw the complaint, the prosecution is terminated. Violating protection orders, including European protection orders, is criminalized as the failure to comply with a court ruling, and it is punishable by imprisonment for up to three years or a fine of up to BGN 5,000 (Article 296(1) of the Code of Criminal Procedure).
5.5.3 What is the result of a violation of an existing order for protection?
According to Section 3, Articles 20-22 of the Domestic Violence Protection Act (Enforcement of the Protection Order), the following will apply.
Article 20
The protection order will be subject to immediate enforcement.
Article 21
- The police authorities will be engaged with controlling the enforcement of the order whenever the act provides for a measure under Article 5(1) items 1, 2 and 3.
- Upon the failure to execute the court order, the police authority that has detected the failure will seize the violator and immediately inform the prosecution of the violation.
Article 22
The court will issue ex officio a warrant list concerning imposed fines, assigned state fees and expenses.5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?
If an order for protection is granted, the judge will order the respondent to pay a fine of BGN 200 to BGN 1,000, and it will take one or more of the following actions:
- order the respondent to refrain from committing further acts of domestic violence
- remove the respondent from the common dwelling house for a period from a month to a year, as specified by the court
- prohibit the respondent from being in the vicinity of the home, the place of work, and the places where the victim has their social contact or recreation, on the terms and conditions and for a period from a month to a year as specified by the court
- temporarily relocate the residence of the child with the parent who is the victim or with the parent who has not carried out the violent act at stake, on the terms and conditions and for a period from a month to a year as specified by the court, provided that this is not inconsistent with the best interests of the child
- require the respondent to attend specialized programs
- advise the victims to attend recovery programs