Statement of Bulgarian Center for Not-for-Profit Law (BCNL) on the draft for a new Criminal Code of Bulgaria, and in particular on the Article 305, paragraph 3

After reviewing some of the texts of the draft for a new Criminal Code of Bulgaria and all the discussions that were generated, BCNL has proposed the repeal of Paragraph 3 of Article 305 of the draft law.

    The statement of BCNL is that the proposed text is exceptionally unclear and allows an overly wide interpretation. This approach is unacceptable when it comes to provisions which restrict rights and bring as an effect heavy penalties for breaches. This wording of the text of Paragraph 3 could be applicable even to the following hypotheses:

•    A Bulgarian human rights defender helps to the British television to shoot a documentary movie about the plight of the Home for children in Moguilino. Bulgaria is seriously criticized due to this movie.
•     International Court summons Bulgarian citizens as witness/to provide information in a case against Bulgaria. As a result, the country is sentenced.
•    Environmental organizations file a complaint against Bulgaria to the European commission which then introduces sanctions to the country.

These are fictive or not so fictitious cases in which Bulgarian citizens could be involved, and, based on the proposed text, they may eventually be sentenced to prison from 2 to 8 years.

The proposed provision also could be used for non-governmental organizations whose work is financed by international donors and programs (i.e. foreign organizations). Consequently, anybody, who is working on this kind of projects, may be subject of sanction because his/her activity is interpreted as treason towards Bulgaria. The absence of any definition of the term: “detrimental to Bulgaria”, may lead to the interpretation that campaigning against new ski resorts or new resorts on the Black Sea is detrimental to Bulgaria.
Led by the foregoing, Bulgarian Center for Not-for-Profit Law considers that Article 305, Paragraph 3 of the draft for a new Criminal Code of Bulgaria allows misinterpretation in its application, which could lead to citizens` rights abuse or unjustified initiating of criminal prosecution in order to exert pressure and influence on the choice and personal behavior of every Bulgarian citizen.