The brutal murder of 37-year-old Georgi Kuzev from Krichim, committed on the Youth Hill in Plovdiv, shook the public and raised a wave of questions about the severity of punishments for minor perpetrators.
As of 1:00 p.m. on August 9, the five teenagers brought to criminal responsibility remain in custody with a permanent measure of “detention in custody“, confirmed by the Plovdiv District Court. The investigation shows that the group acted under the influence of Internet communities for “pedophile hunters“. They lured the victim through a fake social media profile, then brutally beat him, which lasted more than an hour.
However, the general group at the scene included a total of 10 young people aged between 14 and 17, the prosecutor's office reported. While five were the direct perpetrators of the fatal beating, the other five watched and filmed the sadistic actions with their phones.
Despite the brutal nature of the crime - intentional murder, committed in a particularly torturous manner, with hooligan and sexual motives, Bulgarian law imposes the so-called "statutory reduction" (reduction) of sentences for minors. Here is what the law provides for the perpetrators, what responsibility the operators bear and what the Bulgarian measures look like against the background of international practice.
What sentences does the law provide for after the reduction for the murderers?
According to the official information from the Deputy District Prosecutor of Plovdiv Anna Vikova, disseminated by BTA, the law divides the direct perpetrators into two age groups:
For minors over 16 years of age: The punishment for such a serious crime is reduced to imprisonment for 5 to 12 years. Three of the five defendants fall into this category. For minors under 16 years of age: The law provides for even lower limits – imprisonment from 3 to 10 years. Two of the detainees are aged 14-15.For minor perpetrators, the Criminal Code of the Republic of Bulgaria excludes the possibility of imposing the most severe punishments – life imprisonment and life imprisonment without parole.
What responsibility do the other 5 young people who filmed the video bear?
The legal case with the other five teenagers who were present and filmed the beating without hitting the victim is complex and depends on the evidence collected for a prior agreement. In Bulgarian criminal law, there are two main hypotheses for their behavior:
Aiding and abetting: If the investigation proves that the filming of the video was pre-arranged as part of a plan to humiliate the victim or motivated the perpetrators to be more aggressive, the operators can be implicated as accomplices (aiders). In this case, they will bear the same criminal liability for murder, but the court will take into account their lower degree of participation when determining the specific amount of the punishment. Failure to render assistance and failure to report a crime: If it is established that they were merely passive witnesses who did not participate in the plot, they cannot be tried for the murder itself. However, the Criminal Code criminalizes failure to render assistance to a person who is in danger of his life (Art. 139 of the Criminal Code), as well as failure to report to the authorities a serious crime (Art. 294 of the Criminal Code). Since the perpetrators are minors, these light sentences are most often replaced with educational measures under the Law on Combating Antisocial Behavior of Minors and Juveniles (LAJJ), including placement in a correctional boarding school (CBS).
Where and how is the punishment of “deprivation of liberty“ served?
If the direct perpetrators receive effective sentences, the regime for serving them is subject to the Law on the Execution of Sentences and Detention in Custody (LEJD):
Specialized correctional facilities: Juveniles are not sent to adult prisons. The boys will serve their sentence in the Correctional Facility at the Vratsa Prison. The girls will be housed in the specialized juvenile section at the Sliven Prison. Continuing education: The main emphasis is re-education. Prisoners attend school within the home and can acquire secondary education or vocational qualifications. Transfer after reaching the age of majority: Upon reaching the age of 18, convicts are transferred to a standard adult prison. Exceptionally, the stay in the correctional facility may be extended until the age of 20 at the most, if the person shows good behavior. Early Release: Juveniles can be released on parole after serving only one-third of the imposed sentence if they demonstrate lasting reform.
International Law: How Are Juveniles Tried for Murder Around the World?
The Youth Hill Case Has Sparked a Debate on Whether Bulgarian Law Is Too Leniency for Minors Who Committed Sadistic Crimes. Comparison with international practices shows serious differences:
USA: In many American states, minors (even as young as 14) who commit serious intentional murders can be transferred and tried by adult courts. There they can receive life imprisonment, although the US Supreme Court has banned automatic life imprisonment without parole for minors. United Kingdom: The minimum age of criminal responsibility is only 10 years. When committing murder, minors are tried by the Crown Court and receive a mandatory sentence of “Detention at His Majesty's pleasure&rdash; effectively life imprisonment with a specified minimum term before parole. Germany and the Scandinavian countries: These countries follow an approach closer to the Bulgarian one, with a focus entirely on rehabilitation. In Germany, the maximum sentence for minors (even for the most brutal murders) is limited to 10 years in prison, served in youth prisons with a strong psychological and educational profile.The defense of some of the accused in Plovdiv has already stated to media outlets such as bTV Novinite (btvnovinite.bg/bulgaria/pobojat-nad-mazha-ubit-na-mladezhkija-halm-v-plovdiv-e-prodalzhil-poveche-ot-chas.html) that the act was “impulsive” and under the influence of video games and online groups, and the young people are already repenting. The insistence of the relatives of the murdered Georgi Kuzev for maximum severity, however, clashes with the rigid framework of the Penal Code, which puts age before the nature of the committed act.