The Parliament adopted at first reading with 183 votes "for" and 10 "against" amendments to the Criminal Code, related to the transposition of a European directive on the definition of crimes and sanctions for violating the restrictive measures of the European Union (EU). The amendments were supported by MPs from all parliamentary groups except "Vazrazhdane", who voted "against", BTA listed.
The bill envisages criminalizing as crimes certain forms of violation of the restrictive measures of the European Union, as well as actions aimed at circumventing them. These acts are punishable by imprisonment, fines, and in certain cases, deprivation of certain rights.
Minister of Justice Nikolay Naydenov pointed out that the bill was prepared by an interdepartmental working group. He noted that the deadline for the transposition of this directive has expired and at present the EC has opened an infringement procedure against Bulgaria. Therefore, it is of paramount importance that the amendments and additions to the current bill are supported, Naydenov added.
The changes create a new chapter in the Criminal Code entitled “Crimes against the restrictive measures of the European Union“, and it proposes the criminalization of various forms of violation of the EU restrictive measures, including violations of measures related to the freezing of financial funds or economic resources; violations of restrictions on the admission of certain persons to the territory of a Member State, including travel bans; violations of prohibitions or restrictions on the conclusion or continuation of transactions in any form, including public procurement and concession contracts; violations of prohibitions on the provision of financial services or the performance of financial activities, including financing, provision of financial assistance, investments and investment services, as well as the acceptance of deposits; and violations related to the provision of services other than financial, including legal advice, trust management, accounting and auditing services, etc.
Criminal liability is also envisaged for circumvention of EU restrictive measures. An example of such conduct is the transfer of funds or economic resources from sanctioned natural or legal persons to other persons in order to avoid the restrictions imposed.
In accordance with the possibility provided for in the directive, the draft law introduces a threshold of EUR 10,000 for certain violations. Violations of restrictions related to funds, economic resources, goods, transactions, etc., when their value is below EUR 10,000, will not be criminalized. This approach aims to distinguish acts with a lower public danger from violations that, due to their size and nature, should be subject to criminal sanctions.
The draft law provides that the provision of humanitarian aid to those in need will remain outside the scope of criminal provisions, when it is provided in accordance with the principles of impartiality, humanity, neutrality and independence. An exception is also introduced with regard to lawyers when they defend or represent clients in criminal, civil and administrative proceedings. The exception also covers the provision of legal information regarding the initiation or avoidance of such proceedings.
Ivan Vachev from “Progressive Bulgaria“ (PB) pointed out that there has been a delay of more than a year in the transposition of the directive and it is high time we corrected our legislation. These are measures against the violation of restrictive measures introduced by the EU, regardless of which country they concern, he pointed out. Vachev commented that there are currently packages of sanctions aimed at the Russian Federation, but it is not known whether the EC will impose packages against other countries. The matter is extremely difficult and complex, so the Bulgarian People's Party proposed that a working group be created in which the texts would be cleared in a calm environment, away from the cameras, Vachev said.
Stefan Arsov (GERB-SDS) said that they would support the bill. However, he noted that its adoption is only the first step and that a much more important issue is how it will be implemented in practice. Arsov pointed out that there should be thresholds to avoid excessive criminalization of every violation.
Nadezhda Yordanova („Democratic Bulgaria“) said that the bill is important because it introduces a European directive and ensures the implementation of 21 packages of sanctions against the Russian Federation. She pointed out that the way one of the proposed provisions is written means that the work of our military-industrial complex, the production of lasers and cameras, will be completely criminalized. Therefore, it is extremely important to make an explicit exception that they are criminalized only if they are aimed at violating a ban or restrictive measure of the Union, she added.
Nikoleta Todorova from „Progressive Bulgaria“ replied that the transposition of the directive is not aimed at one or another country. General rules for punishability in case of violation of EU restrictive measures are being introduced, she explained. Borisova pointed out that Bulgaria, as a member of the EU, must fulfill its obligations and should not be allowed to pay sanctions for non-fulfillment.
Velislav Velichkov from “We continue the change“ stated that the group would support the bill on first reading, as it aims to introduce into the legislation a European directive, the transposition deadline of which has expired. His colleague Stoyu Stoev pointed out that the main part of the bill needs to be revised quite seriously.
Petar Petrov (“Vazrazhdane“) said that the party would vote against and would not participate in the working group that will be established under the bill. He commented that this is a legislative blunder and it does not define what a crypto asset is. His colleague Tsoncho Ganev commented that during the election campaign, Prime Minister Rumen Radev made a request to normalize relations with Russia, but after the elections, all this was immediately forgotten.