Database of Legislation

Money laundering
  • Offences

    • • Concealment/disguise of nature/ source/ location/… of proceeds of crime
      • Conversion/transfer of proceeds of crime
      • Acquisition/possession/use of proceeds of crime
  • Keywords

    • • Proceeds of crime
      • Seizure and confiscation
Participation in an organized criminal group
  • Offences

    • • Participation in criminal activities of organized criminal group
  • Keywords

    • • criminal association
 Special Part - Chapter Seven
 Article 253–253b

Adoption Date:

1968-04-02

UNTOC Articles

  • Organized Crime Convention

  • Article 6: Criminalization of the laundering of proceeds of crime
  • Article 12: Confiscation and seizure
  • Article 14: Disposal of confiscated proceeds of crime or property
  • Article 26: Measures to enhance cooperation with law enforcement authorities
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 253

    (Amended, SG No. 28/1982, repealed, SG No. 10/1993, new, SG No. 62/1997)

    (1) (Amended, SG No. 85/1998, SG No. 26/2004, supplemented, SG No. 75/2006) The one who concludes a financial operation or property transaction or conceals the origin, location, movement or the actual rights in the property, which is known or assumed to be acquired through crime or another act that is dangerous for the public, shall be punished for money laundering by imprisonment from one to six years and a fine from BGN three thousand to five thousand.

    (2) (New, SG No. 26/2004, supplemented, SG No. 75/2006) The punishment under paragraph 1 shall also be imposed on the one who acquires, receives, holds, uses, transforms or assists, in any way whatsoever, the transformation of property, which is known or assumed, as of its receipt, to have been acquired through crime or another act that is dangerous for the public.

    (3) (Renumbered from Paragraph 2, supplemented, SG No. 26/2004) The punishment shall be imprisonment for one to eight years and a fine from BGN five thousand to twenty thousand, if the act under paras 1 and 2 has been committed:

    1. (amended, SG No. 26/2004) by two or more individuals, who have reached preliminary agreement, or by an individual who acts on the orders of or executes a decision of an organised criminal group;

    2. two or more times;

    3. by an official within the sphere of his office;

    4. (new, SG No. 26/2004) through opening or maintaining an account with a financial institution, under a false name or the name of an individual who has given consent to this effect.

    (4) (New, SG No. 21/2000, renumbered from Paragraph 3, supplemented, SG No. 26/2004, amended, SG No. 75/2006) The punishment shall be deprivation of liberty from three to twelve years and a fine from BGN 20,000 to BGN 200,000 where the act under Paragraphs (1) and (2) has been committed by the use of funds or property which the perpetrator knew or supposed to have been acquired through a serious crime of intent.

    (5) (New, SG No. 85/1998, renumbered from Paragraph 3, SG No. 21/2000, renumbered from Paragraph 4, amended, SG No. 26/2004, SG No. 75/2006) Where the funds or property are in extremely large amounts and the case is extremely grave, the punishment shall be imprisonment for five to fifteen years and a fine from BGN 10,000 to BGN 30,000, and the court shall suspend the rights of the guilty person under Items 6 and 7 of Article 37 (1).

    (6) (New, SG No. 85/1998, renumbered from Paragraph 4, SG No. 21/2000, renumbered from Paragraph 5, amended, SG No. 26/2004) The object of crime or the property into which it has been transformed shall be forfeited to the benefit of the state, and where absent or alienated, its equivalent shall be awarded.

    (7) (New, SG No. 26/2004) Provisions of paras 1 through 6 shall also apply where the crime through which property has been acquired falls outside the criminal jurisdiction of the Republic of Bulgaria.

    Article 253a

    (New, SG No. 26/2004)

    (1) Preparations toward money laundering or any association to this goal shall be punishable by imprisonment of up to two years or a fine from BGN five thousand to ten thousand.

    (2) The same punishment shall also be imposed on the one who incites another to commit money laundering.

    (3) Property destined for money laundering shall be forfeited to the benefit of the state and where absent or alienated, its equivalent shall be awarded.

    (4) The member of an association under paragraph 1 who, before money laundering is completed, puts an end to participation therein and notifies the authorities thereof, shall not be punished.

    Article 253b

    (New, SG No. 85/1998, renumbered from Article 253a, amended, SG No. 26/2004)

    Any official who violates or fails to comply with the provisions of the Measures Against Money Laundering Act shall be punished, in cases of significant impact, with imprisonment for up to three year and a fine from BGN one thousand to three thousand, unless the deed does not constitute a more serious crime.

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Proceeds of crime derived from offences covered by the Convention
          • Proceeds of crime transformed or converted into other property
      • Measures

        • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime
          • Disposal of confiscated proceeds of crime and property
     

    Attachments