Difference Between the Criminal Court’s Ability to Impose an Administrative Penalty and the Exemption from Criminal Liability Under Art. 78a of the Criminal Code

Abstract

In 2017, a new power was introduced into the jurisdiction of the criminal court, according to which the court should impose an administrative penalty when it finds that the act committed is not a criminal offence but constitutes an administrative offence. This legislative decision aims at speed and efficiency of the criminal process. The power of the court to exempt the offender from criminal liability by imposing an administrative penalty shall be exercised when the prerequisites for this are present, both in proceedings under the general procedure and in the course of the special procedure under Chapter Twenty-Eight of the Bulgarian Code of Criminal Procedure. The juxtaposition of the new power of the criminal court with its power to discharge criminal liability under Art. 78a of the Criminal Code is the subject of this article.