Bulgarian institutions pursue a consistent policy and take the necessary measures to counter anti-Semitism and all other forms of racism, discrimination and xenophobia, including through criminal law. National legislation has been brought into line with the provisions of Framework Decision 2008/913/JHA of the Council of the EU of November 28, 2008 on combating certain forms and manifestations of racism and xenophobia by criminal legal means.
In the Criminal Code, racist or xenophobic motives are provided as a qualifying feature for murder (Article 116, paragraph 1, item 11 of the Criminal Code) and infliction of bodily harm (Article 131, paragraph 1, item 12 of the Criminal Code) , which is related to the imposition of heavier penalties on the perpetrator. Cases in which racism and xenophobia affect the labor rights of citizens are also qualified as crimes. According to Art. 172 of the Criminal Code stipulates punishment for a person who knowingly prevents someone from entering work or forces him to leave work because of his nationality, race, religion, social origin, membership or non-membership in a trade union or other organization, political party, organization, movement or coalition for a political purpose or because of his or his associates’ political or other beliefs is provided.
It should also be noted that the Criminal Code contains provisions criminalizing the preaching of a fascist or other anti-democratic ideology (Article 108 of the Criminal Code), as well as justifying, denying or grossly belittling a committed crime against peace and humanity, ,which was carried out in a way that could create a danger to use violence or create hatred against individuals or groups of people united by race, skin color, religion, origin, national or ethnic affiliation (Article 419a of the Criminal Code) . Incitement to such a crime is also punishable.
As for the criminal prosecution of hate speech, it is regulated in Art. 162 – Art. 164 of Chapter III “Crimes against the rights of citizens” of the Special Part of the Criminal Code. Article 162, para. 1 provides penalties for inciting and preaching discrimination, violence or hatred based on race, nationality or ethnicity through speech, print or other mass media (which includes the Internet). According to para. 2 of the same article any acts of violence or damage to the property of persons based on race, nationality, ethnicity, religion or political beliefs are punishable. Para. 3 of Art. 162 criminalizes the creation or management of organizations or groups carrying out activities described in the preceding paragraphs, and para. 4 criminalizes membership in such organizations and groups. Art. 163 provides punishment for persons who participate in a crowd assembled to attack groups of the population, individual citizens or their property in relation to their race, skin color, origin, nationality or ethnicity, with racist and xenophobic motives being considered as aggravating factors circumstance in assessing the degree of the crime and the penalties imposed. Art. 164 provides punishment for persons who preach or incite discrimination, violence or hatred on religious grounds through speech, print or other means of mass information, through electronic information systems or otherwise.
Hate crimes can be reported to the authorities under the general rules of the Criminal Procedure Code (CPC) for reporting a crime. According to Art. 208 of the Code of Civil Procedure legal reasons for starting an investigation are: 1. notification to the authorities of pre-trial proceedings about a committed crime; 2. information about a committed crime, disseminated through mass media; 3. personal appearance of the perpetrator before the authorities of the pre-trial proceedings with a confession of a crime committed; 4. immediate disclosure by the authorities of the pre-trial proceedings of signs of a committed crime. Anyone can report a crime they become aware of to the police.
The National Action Plan to Combat Anti-Semitism and Protect Jewish Heritage will be implemented through three operational objectives (1) countering contemporary manifestations of anti-Semitism; (2) preservation of Jewish heritage and (3) education, research and commemoration. For each of these operational goals, measures are planned to achieve their implementation.
The necessary funds for the implementation of the specific activities and commitments for the implementation of the National Action Plan will be provided within the expenditure ceilings of the ministries and departments responsible for the implementation of the relevant initiatives.
The electronic system for combating anti-Semitism “Report anti-Semitism” was created under the project “Youth for Tolerance: Methods and Good Practices in Combating Anti-Semitism and Hate Speech” by CJBC “Alef” and the National Research Council, Institute of Educational Technology from Italy. It is supported by the European Practitioners Network Against Anti-Semitism (EPNA) and funded by the German Federal Foreign Office.
