jurisdiction

Source of law Administrative Violations and Sanctions Act
Offence

Administrative liability related to criminal offences in public and private sector

Benefiting entity

A legal entity which has benefited or which could have benefited from any of the criminal offences in this table, committed by:

  1. person that makes decisions for the entity; or
  2. a person representing the entity; or
  3. a member of a controlling or supervisory board of the entity; or
  4. an employee of the entity, mandated by it to perform a certain activity, if the criminal offence was committed in relation to performance of that activity.
The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes
Would corporate hospitality be caught? Yes (if, depending on the intent, any of the aforementioned qualifies as a crime)
Is there any de minimis? No (except for the general restriction)
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No (applies to both public and private sectors)
Acts performed outside Bulgaria   
Can bribery performed outside Bulgaria be caught? Yes (if any of the conditions under (i) or (ii) in previous columns were satisfied
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable?  
Bulgarian nationals? No
Bulgarian company? Yes
Bulgaria partnership (including limited liability partnerships) incorporated? Yes
Director of Bulgarian company? No
Bulgarian company if the bribe is committed abroad by its foreign subsidiary? No (unless the individual implicated in committing the actual offence acted also for the Bulgarian company under any of one to four above)
Foreign subsidiary of a Bulgarian company if the bribe is committed abroad? No
Foreign national/company/partnership if bribe is committed in Bulgaria?  

Yes (only legal persons, i.e. companies)

 

Foreign national domiciled or “ordinarily resident” in Bulgaria if bribe is committed outside Bulgaria? 

 

Yes (if the condition in the previous columns is satisfied)

Foreign company/partnership if bribe is committed abroad? No 
Penalties  
Penalties include: 
  • Financial penalties of up to EUR 5 000 000 or 5 % of the legal person’s (company’s)  annual turnover for the year preceding that in which the offense was committed or the value of the benefit.
  • The direct or indirect benefit acquired by the legal person (company) from the crime under paragraph 1, as well as the object of the crime, shall be expropriated in favor of the state if it is not subject to return or to confiscation under the Criminal Code. Where the benefit that is the object of the crime is missing or has been alienated, its equivalent value shall be awarded.

 

Defences  
Are there any defences available? No