The commission of theft constitutes a classic offence against property, which the legislator classifies as a serious crime punishable by up to eight years’ imprisonment under the basic provision and up to twenty years’ imprisonment in cases of particularly large scale and particularly serious circumstances.
In fact, theft is one of the most common crimes for which criminal proceedings are conducted, e.g., car theft, burglary, pickpocketing, theft of money, etc. Given the frequency of this crime and the fact that it is one of the most severely punishable under the law, in today’s article we will examine in detail its nature, types, and characteristics, and for the sake of better understanding of the crime, we will give examples from one of the cases we have worked on.
Case from the work of Sole law firm company “Silvia Petkova” in connection with charges for committing theft
The case concerns charges of theft of money and equipment after breaking into a home.
On a typical weekday morning, Todor* leaves his home to buy coffee and cigarettes for himself and his mother. As he leaves the building, he notices that the window of the apartment on the first floor is open. Todor knows the owners (Stylian and Anelia) and knows that they are out of town at this time. For this reason, he decides to call Stylian to ask if they have returned home and, if not, to inform them that the window is open.
After managing to contact him, Stilian assured him not only that they were still out of town, but also that he was sure they had not left any windows open. So he asked Todor to climb through it and check if everything was okay. Todor complied with the request, maintaining a video conference connection with Stilyan via the Viber mobile app the entire time so that he could also check for any missing items. In the end, after finding nothing missing and Todor finding nothing suspicious, he left the apartment again through the window.
A little later that same day, Stilian and Anelia returned home and discovered that two of the cash boxes had been emptied and that an expensive game console, a gaming laptop, and a smart backpack were missing. They immediately reported the theft to the police.
About a week later, while walking with friends near his home, Todor was detained by the police. At the local police station, he was beaten by seven police officers, and after the beating, one of them dictated his “confession” that he had stolen the items from Stilian and Anelia’s home.
As a result of Todor’s “confession” and the testimony of Stilian and Anelia, who unexpectedly identified him as the perpetrator, he was charged with theft and faced the possibility of serving up to eight years in prison, as several months earlier – earlier, he had been convicted of drug possession.
During the investigation and after the intervention of a criminal lawyer from the firm, Todor gave new explanations describing the actual facts of the case, and at the same time a report of police violence was filed. At the initiative of the defense attorney, a full and comprehensive investigation was conducted, which established beyond doubt that the “confessions” had been extracted through violence. It was also established that the only fingerprints matching those of Todor were on the window through which he had entered, but not anywhere else in the apartment and certainly not on the empty cash boxes.
Ultimately, despite the police’s previous assurances to Todor that his case would go to court and that it would be better for him to reach a settlement, the pre-trial proceedings against him were terminated.
* In order to preserve attorney-client privilege, the names have been changed.
Theft – nature, types, characteristics and protection in the event of brought charges
The crime theft is an act of a general nature, which is prosecuted under the supervision of the public prosecutor’s office. Referral occurs most – often through submission of a report by the victim, but there are rare cases in which the police detains the perpetrator at the scene and notifies the prosecutor’s office of this.
Essence of theft
Съгласно Наказателния кодекс отнемането на чужда движима вещ от владението на някого без той да е дал съгласие за това с намерението тази вещ да бъде противозаконно присвоена се наказва за кражба.
Features of theft
The definition of the act of “theft” reveals several elements, the simultaneous presence of which is required in order to establish the crime. the simultaneous presence of which is required for it to be accepted that a crime has been committed.
Firstly, there must be taking of another person’s movable property from their possession, i.e., in order for the perpetrator to be held criminally liable, it is necessary that, through his actions, he has unlawfully established his personal factual control over that property, which in turn has led to the termination of the factual control of the owner.
Secondly, the subject of the crime can only be another person’s movable property. What does this mean?
- The item is foreign when the perpetrator is not its owner.
Important! If the stolen item belongs wholly or partly to the perpetrator but is in the possession of another person on valid legal grounds or due to a dispute over ownership, it will not constitute theft, but another crime may be established (e.g., arbitrariness). - An item is movable when it is not permanently attached to the ground or to a building, either naturally or by human action.
Important! Only movable property can be stolen. Unlawful acts related to real estate, depending on their nature and character, may be classified as other crimes. For example, if a tenant who has been duly evicted from the rented property arbitrarily reoccupies it, he or she shall be punished with imprisonment of up to three years and a fine of up to five hundred leva. However, the crime is not theft.
Important! Movable property includes money and energy. In other words, the unlawful use of electricity, for example, will be classified as electricity theft.
Thirdly, for theft to occur, possession, i.e. actual control by one person, must be taken away. For the crime to be committed, it is not necessary for the person exercising actual control over the item to be its owner. This means that it is possible to commit theft even in relation to a previously stolen item.
In fourth place, in the case of theft the item is taken away without the consent of the person who possesses it. Thus, for example, if X has provided his car to Y for safekeeping for a specific period, but Y does not return the car after the expiration of that period, there will be no theft present in the case of theft. Depending on the circumstances of the case, the problem may a38> be only on the level of civil law, i.e. breach of contractual relationships, but there may also be another crime (misappropriation).
Important! Taking someone else’s motor vehicle without their consent with the intention of using it does not constitute theft, but is a transport offense punishable by imprisonment of one to eight years.
Finally, the last element that must be present in order for theft to be deemed to have been committed is the perpetrator’s intent to unlawfully appropriate the stolen item. This means that they intend to use it as their own, including selling it. In fact, the intent to appropriate is most often proven when it is established that the item has been sold.
Types theft
The legislator provides for different types of theft, which may be punishable more severely than the basic offense or more leniently than it.
According to – serious punishable offenses
In the first, more severely punishable case, the penalty for theft is imprisonment for one to ten years in certain circumstances where the legislator considers that the act poses a higher degree of public danger than ordinary cases. These are exhaustively listed and are as follows:
- if the theft was committed during a fire, flood, shipwreck, accident, war, or other public disaster. The higher penalty is justified by the fact that in this case the perpetrator took advantage of negative events that occurred independently of him to commit a criminal act;
- if the item is not under constant supervision, e.g. metal structures from unguarded sites;
- if it is carried out by destroying, damaging or undermining barriers, solidly constructed for the protection of persons or property (so-called burglary theft);
- if a motorized vehicle or special technical equipment or special method technical means or special method;
- if committed by more than two persons who have agreed in advance to do so, unless it constitutes a minor case. This is the case when the crime has not caused any harmful consequences, they are insignificant, or there are other mitigating circumstances, due to which the specific case represents a lower degree of public danger. For example, if three people have agreed to break into a vending machine from which they have stolen BGN 10, this provision will not apply;
- if the theft was committed by an official who took advantage of his or her official position;
- if it has been committed repeatedly and does not constitute a minor offense. In order for this crime to be considered repeated, it must be established that the perpetrator has been convicted of another theft with a final judgment.
- if it is performed from the grave of the deceased;
- if it is performed by a person who is engaged in security activities, by an employee of an organization, which performs security or insurance activities, by a person, which acts on the orders of such organization or presents itself as acting on such order, by a person from the staff of the Ministry of Internal Affairs works or person, which presents itself as such, as well as by a person, who acts on behalf of orin execution of a decision of an organized criminal group;
- if the stolen items are explosives, pyrotechnic devices, weapons, or ammunition for firearms;
- if it was committed for the purpose of obtaining funds for terrorism;
- if a stolen motorized vehicle has been stolen.
When the elements of the second, more severely punishable offense are present, the punishment is imprisonment for a term of three to fifteen years, and the court may confiscate up to half of the guilty party’s property. There are two cases in which this punishment is imposed:
- when the theft is large-scale, i.e. the value of the stolen goods exceeds the value of 70 minimum wages for the country, calculated at the time of the commission of the offense;
- when explosives, firearms or ammunition for firearms from the structural units of the Ministry of the Interior, the Ministry of Defense, the Bulgarian Army, and the structures subordinate to the Minister of Defense, the State Agency “State Reserve and Wartime Stocks,” the State Agency for National Security, the General Directorate for Security and the General Directorate for the Execution of Sentences at the Ministry of Justice, the State Agency for Intelligence, and the National Security Service.
The third most severely punishable offense concerns cases where theft constitutes dangerous recidivism. In this case, the punishment is from two to ten years for ordinary theft; from three to fifteen years in the case of theft under the first most severely punishable offense, and from five to fifteen years in the case of the second most severely punishable offense. The court may confiscate up to half of the guilty party’s property.
The fourth most severe punishment applies when the theft is particularly large in scale and constitutes a particularly serious case. In such cases, the punishment is imprisonment for a term of ten to twenty years and mandatory confiscation of part or all of the guilty party’s property. “Particularly large scale” refers to cases where the value of the stolen goods exceeds 140 times the minimum wage for the country, calculated at the time of the offense.
By – slightly punishable compositions
There are and a number of cases in which the legislator has accepted that theft constitutes a – low degree of public danger and therefore has provided for – light penalties.
Thus, when theft is committed under the basic provision or its object is an item that is not under constant supervision, or the perpetrator is an official who has taken advantage of their official position, the punishment is imprisonment for up to one year or probation, or a fine of one hundred to three hundred leva, if the theft is a minor case.
Important! These three types of punishment are provided for as alternatives, i.e. it is up to the court to decide which one to impose, and the assessment is made on a case-by-case basis. On the other hand, the prosecutor and the defendant’s defense counsel are the ones who propose the type and severity of the punishment. Whether the court will comply with any of the proposals or impose a punishment at its discretion depends entirely on the court.
In the case of the crime of theft, the legislator has provided in certain cases to punish also the preparation for such. The punishment is deprivation of liberty for up to three years or probation, when it is established that preparation for burglary theft to theft through use of motorized transportation means, technical means or special method, as well as to theft of a motorized vehicle.
Note! Preparation occurs when the perpetrator procures the means, finds accomplices, or creates the conditions for committing a premeditated crime before beginning its execution. It is punishable only in the cases provided for by law. Punishment is waived when the perpetrator himself has refused to commit the crime.
Protection
As with any other crime, organizing proper defense by an experienced and qualified criminal lawyer can lead to an acquittal, exemption from criminal liability and imposition of an administrative penalty, a suspended sentence, or simply a lower penalty.
The defense against charges of committing theft reveals some significant features and requires excellent knowledge of the law and criminal procedure rules.
The first such feature concerns the determination of the value of the object of the crime. If it does not exceed the value of two minimum wages for the country, calculated at the time of the offense, the perpetrator may be subject to an administrative fine of between one hundred and three hundred leva, provided that the object of the crime is restored or replaced.
The second such feature concerns the performance of certain actions by the perpetrator at a specific moment in the proceedings against him. These actions also relate to the return or replacement of the item. The legislator considers them to be an expression of genuine remorse on the part of the accused and therefore provides for the penalties provided for in the law, depending on the type of theft, to be imposed at a lower level.
Protection of victims of theft
Persons, from whose possession and without their consent are taken away movable a9> property also have the right to protection, as proper and timely organization is a guarantee for effective protection of their legitimate interests.
The first guideline concerns urgent actions immediately after the crime has been committed. It is necessary to immediately report the theft to the police. The faster the response of law enforcement agencies, the greater the likelihood of identifying the perpetrator, especially in cases of burglary, where fingerprints must be taken before they are erased.
The second guideline concerns the assistance that the victim must provide to law enforcement authorities. Often, documents related to the stolen item must be presented. Such cooperation is particularly important in cases where a car, mobile phone, or other equipment that can be detected or tracked has been stolen.
The third guideline concerns cases where the perpetrator has been identified and charged. The victim must request the prosecutor’s office to constitute him as such in the criminal proceedings. This requirement stems from the fact that only in this way will the victim have access to the case files and be able to make requests for the collection of evidence, comments, and objections. Exercising this right through a representative—a criminal lawyer—is particularly important when, for one reason or another, the police and the prosecutor’s office do not conduct a full and comprehensive investigation.
The fourth and final general guideline concerns the judicial phase of criminal proceedings and the need for the victim to request to participate in it as a private prosecutor and as a civil claimant. The point of participating as a private prosecutor is that if the perpetrator is acquitted or if the victim considers the sentence imposed to be unfairly low, they can appeal the verdict to a higher court even if the prosecutor does not do so. Participation as a civil claimant makes sense in view of the restoration of the harmful consequences of the crime, namely the value of the item itself, as well as any non-pecuniary damage caused by the crime.
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Silvia Petkova Sole Proprietorship Law Firm provides qualified legal assistance from experienced and established criminal lawyers, both in cases of criminal charges and in favor of victims of crime.
Contact:
Working hours: Monday to Friday: 10:00 to 18:00.
Address: Sofia, 2 Tri Ushi St., floor 3
tel. 0885 47 77 57
email: office@petkovalegal.com
Consultations by telephone and on site at the law office are provided only by previously scheduled appointment. Cases of police detention for up to 24 hours, prosecutor’s detention for up to 72 hours, detention in custody, or house arrest are given priority with the possibility of immediate response without prior appointment.