Domestic violence is now a crime, following amendments to the Criminal Code adopted in 2019, which introduced harsher penalties for certain acts when committed in the context of domestic violence.
Domestic violence as a crime is regulated in the following cases:
1/ murder in the context of domestic violence
2/ minor, moderate, or severe bodily harm in the context of domestic violence
3/ abduction in the context of domestic violence
4/ unlawful deprivation of liberty in the context of domestic violence
5/ threatening to commit a crime in the context of domestic violence
6/ stalking in the context of domestic violence.
Domestic violence as a crime can be committed by a person who is the victim’s ascendant (mother/father/grandmother/grandfather), descendant (son/daughter/grandson/granddaughter), spouse or former spouse, person with whom they have a child, person with whom they are or have been in a de facto marital relationship, or person with whom they live or have lived in the same household. In all cases, domestic violence as a crime is prosecuted by the public prosecutor’s office.
Domestic violence as a crime – murder and bodily harm
Domestic violence as a crime – murder is committed when a person intentionally kills their ascendant (mother/father/grandmother/grandfather), descendant (son/daughter/grandson/granddaughter), spouse or former spouse, person with whom they have a child, person with whom they are or have been in a de facto marital relationship, or person with whom they live or have lived in the same household.
The punishment for this crime is extremely severe: imprisonment for fifteen to twenty years, life imprisonment, or life imprisonment without parole. The heirs of the murdered person are entitled to “blood money” – compensation for the suffering caused by the loss of a loved one.
При убийството в условията на домашно насилие постигането на условно осъждане е практически невъзможно. Това означава, че при извършване на такова престъпление, наказанието се изпълнява ефективно в затвор, като режимът може да е строг или специален в зависимост от това дали се налага наказание лишаване от свобода или доживотен затвор, или доживотен затвор без замяна.
Domestic violence as a crime – bodily harm occurs in the following cases:
1/ When minor bodily harm is caused: temporary health impairment, not life-threatening, or pain and suffering.
The punishment provided for by law is imprisonment for up to three years if temporary health impairment that is not life-threatening has been caused. In this case, a suspended sentence is possible if the perpetrator has no previous convictions, as well as replacement of the prison sentence with probation if there are multiple or exceptional mitigating circumstances, and if the perpetrator enters into an agreement with the prosecution. It is also possible, if the perpetrator has no previous convictions, to impose only an administrative penalty.
In cases where pain and suffering have been caused, the punishment is imprisonment for up to one year or probation. If the perpetrator has no previous convictions, they may receive a suspended sentence, or only an administrative penalty may be imposed.
And in the case of both types minor bodily injury, effective deprivation of liberty in prison is possible only if the perpetrator has already been sentenced to punishment deprivation of liberty.
2/ When moderate bodily injury is caused: permanent impairment of vision or hearing; permanent impairment of speech, movement of the limbs, torso or neck, or functions of the reproductive organs without causing infertility; fracture of the jaw or loss of teeth, without which chewing or speaking is difficult; disfigurement of the face or other parts of the body; permanent health disorder that is not life-threatening, or health disorder that is temporarily life-threatening; injuries that penetrate the cranial, thoracic, and abdominal cavities.
In this case, the punishment provided for by law is imprisonment for a term of two to ten years. When moderate bodily harm is caused in the context of domestic violence, it is not possible to impose an administrative penalty, nor is it permissible to replace imprisonment with probation. The court may only impose a suspended sentence if it imposes a penalty of up to three years’ imprisonment.
3/ When serious bodily injury has been caused: prolonged disturbance of consciousness; permanent blindness in one or both eyes; permanent deafness; loss of speech; infertility; disfigurement causing permanent impairment of speech or a sensory organ; loss of one kidney, spleen, or lung lobe; loss or mutilation of a leg or arm; permanent general impairment of health, dangerous to life.
In this case, the punishment provided for by law is imprisonment for a term of three to fifteen years. Similar to causing moderate bodily harm, it is impossible to impose an administrative penalty in this case, and it is also impossible to replace imprisonment with probation. A suspended sentence is only allowed if the court imposes the minimum penalty provided for in the specific case.
IMPORTANT! If you are a victim of domestic violence as a crime – bodily harm, it is necessary to visit the nearest forensic medicine department immediately after the injury has been inflicted in order to establish the bodily harm caused. If there is no forensic medicine facility in your city, the examination can also be carried out at the emergency center of the local medical facility, and a forensic medical certificate can be issued subsequently on the basis of the documents issued by the emergency center.
The nature of the bodily injury is assessed by the prosecutor when bringing charges on the basis of the forensic medical certificate presented by the victim, as well as on the basis of a forensic medical examination that establishes the nature and extent of the injuries, as well as their medical and biological characteristics.
Domestic violence as a crime – abduction and unlawful deprivation of liberty
Kidnapping and unlawful deprivation of liberty reveal significant similarities, but constitute different crimes.
Domestic violence as a crime – abduction occurs when the perpetrator forcibly (against her will) moves the victim from one place to another. The punishment provided for by law is three to ten years’ imprisonment. In this case, it is not possible for the perpetrator to be released from criminal liability by imposing an administrative penalty, nor is it possible for the punishment of imprisonment to be replaced by probation. It is only possible for the perpetrator to be given a suspended sentence, but only if, in the specific case, the court imposes the minimum sentence provided for. In all cases where a sentence of more than three years’ imprisonment (including three years and one day) is imposed in a specific criminal case, the sentence must be served effectively in prison.
Domestic violence as a crime – unlawful deprivation of liberty is present, when the possibility of the victim freely to move in space is restricted against her will by the perpetrator. The punishment provided for in the law is from three to ten years.
Domestic violence as a crime – threat of a crime
A threat is a manifested or declared intention to commit a crime. For example, a threat to commit a crime exists when the perpetrator threatens the victim with assault or murder. To be criminal, the threat must be of such a nature as to cause reasonable fear that it will be carried out. Most often, such threats are considered criminal when they are made in person in the presence of the victim and are accompanied or preceded by some form of physical violence. However, it is not impossible for such a threat to be considered criminal when made, for example, by telephone or through a message on social media or mobile applications.
In any case, the assessment of whether a crime has been committed or not is made on a case-by-case basis.
Domestic violence as a crime – threats are punishable by imprisonment of up to six years. In this case, it is not possible to be exempted from criminal liability by imposing an administrative penalty. However, imprisonment may be replaced by probation in cases of multiple or exceptional mitigating circumstances or if the perpetrator reaches an agreement with the prosecution. Domestic violence as a crime may also be punished with a suspended sentence if, in the specific case, the court imposes a sentence of no more than three years’ imprisonment on an offender with no previous convictions.
Domestic violence as a crime – stalking
Domestic violence as a crime – stalking occurs when the perpetrator engages in threatening behavior against a specific person, which may take the form of pursuing the other person, showing the other person that they are being watched, or engaging in unwanted communication with them through all possible means of communication.
For a crime to exist, the stalking must be of such a nature as to cause reasonable fear for the life or health of the victim, or for the life or health of their loved ones. Similar to criminal threats, domestic violence as a crime—stalking—is most often accompanied or preceded by some form of physical violence.
In such cases, the law provides for imprisonment of up to five years. Exemption from criminal liability with the imposition of an administrative penalty is not permitted. A suspended sentence is possible if the court imposes a prison sentence of up to three years in the specific case. However, it is possible for the prison sentence to be replaced by probation if there are multiple or exceptional mitigating circumstances, or if the perpetrator enters into an agreement with the prosecution.
IMPORTANT! The pathological manifestations of jealousy may be considered an extremely mitigating circumstance. Ordinary jealousy, which has no pathological basis, does not constitute such a circumstance. Whether jealousy is pathological is assessed on a case-by-case basis by a psychiatric expert.
IMPORTANT! Every criminal case has its own specific characteristics. Providing effective legal assistance and defense is only possible after a detailed review of the facts and evidence in the specific case. If you are a victim of domestic violence as a crime or are accused of committing a crime in the context of domestic violence, it is advisable to consult an experienced criminal lawyer immediately.
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You can find more interesting topics related to the possibilities for protection in cases of committed crimes in the section “Criminal Law”.
Silvia Petkova Sole Proprietorship Law Firm is a specialized criminal law firm with experts who have extensive experience in defending crimes committed in the context of domestic violence.
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