Name of law
Law amending the Law on Protection against Domestic Violence




Name Bill
Bill amending the Law on Protection against Domestic Violence





Date of adoption
09/12/2009



Number / year Official Gazette
102/2009







DECREE № 402
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on protection against domestic violence adopted by HLI National Assembly on December 9, 2009
Released in Sofia on December 16, 2009
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Protection against Domestic Violence (prom. SG. 27 of 2005 .; amend., SG. 82 of 2006 .)
§ 1. The name of the law is amended as follows: "law on protection from domestic violence".
§ 2. In art. 1, para. 2 after the word "citizens" a comma and added "administrative penal".
§ 3. Article 2 shall be amended as follows:
"Art. 2. (1) Domestic violence is any act of physical, sexual, psychological, emotional or economic violence, and the experience of such violence, forced restriction of privacy, personal freedom and personal rights committed against persons who are relatives connection which are or have been in a family relationship or de facto marital cohabitation.
(2) mental and emotional abuse of a child is considered as any domestic violence committed in his presence. "
§ 4. In art. 3 The following amendments and additions:
1. 6 and 7 are amended as follows:
"6. person, which is located in kinship lateral line to the fourth degree;
7. person, which is or has been in affinity to the third degree inclusive; ".
2. Created pt. 9 and 10:
"9. ascendant or descendant of the person, which is a de facto marital cohabitation;
10. person with whom the parent is or has been a de facto marital cohabitation. "
§ 5. In art. 4 par. 2 is amended as follows:
"(2) Where there is evidence of danger to the life or health of the victim, it may submit a request to the Ministry of Interior to take measures according to the Ministry of Interior. "
§ 6. In art. 5 following amendments and additions:
1. In para. 1:
a) the text before item. 1 is amended as follows: "The measures for protection from domestic violence";
B) in item. 3 after the word "coming" is added "victim."
2. In para. 2 the words "of one month to one year" are replaced by "three to 18 months." 3
. A new paragraph. 3:
"(3) The measure under par. 1, p. 4 does not have in pending litigation between parents in custody in determining the residence of the child or the regime of personal relationships. "
4. Former para. 3 becomes para. 4.
§ 7. In art. 6 The following amendments and additions:
1. Paragraph 3 is amended as follows:
"(3) The executive authorities and / or legal entities registered under Art. 18, para. 2 and 3 of the Social Assistance Act and in accordance with Art. 45 of the Law for Non-profit working to protect victims of domestic violence. "
2. Created al. 5-8:
"(5) Each year before 31 March the Council of Ministers adopted a National Programme for Prevention and Protection against Domestic Violence.
(6) The funds for financing the implementation of obligations under the National Programme under par. 5 shall be determined annually by the State Budget of the Republic of Bulgaria for the year to the budgets of relevant ministries set out in the program.
(7) annually by the State Budget of the Republic of Bulgaria for the year to the budget of the Ministry of Justice to determine funding for projects of non-profit organizations, which meet the requirements of para. 3, provided that they carry out activities under this Act to develop and implement:
1. programs of prevention and protection from domestic violence, which relate to:
a) preparation and approval of programs in schools;
B) programs to work with the judicial authorities and the Ministry of Interior;
C) monitoring the implementation of the law;
D) seminars and conferences;
E) editions and publications;
2. programs providing assistance to victims of domestic violence that include:
a) social, psychological and legal counseling and help from professionals;
B) referral to other needed specialists and interdisciplinary consultation as well as crisis centers for victims of domestic violence;
3
. training of persons who carry out protection under the law;
4. specialized programs frequented by persons who have committed domestic violence, and which include social and psychological counseling.
(8) Legal persons registered under Art. 18, para. 2 and 3 of the Social Assistance Act and in accordance with Art. 45 of the Law for Non-profit organizations that work to protect victims of domestic violence are entitled to a subsidy from the state budget under terms and conditions determined by the regulations for implementing the law. "
§ 8. the name of Chapter II is amended as follows: "Production of imposing measures to protect against domestic violence."
§ 9. Article 7 shall be amended as follows:
"Art. 7. Competent impose a protection measure is the district court's permanent or current address of the victim. "
§ 10. Article 8 is amended as follows:
" Art. 8. The procedure for issuing the warrant may be formed at the request of:
1. victim if under 14 years of age or placed under partial guardianship;
2. brother, sister or a person who has family in line with the victim; 3
. guardian of the victim;
4. Director of "Social support" when the victim is a minor, is placed under guardianship or is disabled. "
§ 11. In art. 9 is amended as follows:
1. In para. 1:
a) the text before item. 1 is amended as follows: "The request is in writing and contains";
B) point 1 shall be amended as follows:
"1. Names, addresses and personal identification number of the applicant, the address of the "Social Assistance"; if the victim is unable or unwilling to reveal permanent or current address, it may indicate another address; "
C) point 4 is amended as follows:
"4. date, place, manner and other facts and circumstances of the committed domestic violence. "
2. In para. 2 words "Art. 8 pt. 2 and 3 "are replaced with" Art. 8 pt. 2 and 4 ".
§ 12. In art. 10 be made the following amendments:
1. In para. 1, 'or the request "shall be deleted.
2. In para. 2 words "or application" shall be deleted and after the word "register" shall be added "with individual serial numbers (index) of cases." 3
. Paragraph 3 shall be repealed.
§ 13. In art. 11 is amended as follows:
1. In para. 1 the words "Art. 8 pt. 1 and 3 "are replaced by" Art. 8 ".
2. In para. 3, 'and in the cases of art. 8 pt. 2 costs are paid by the Social Assistance Agency "is replaced by" unless the request is for the protection of persons who have not reached 18 years of age, and persons under guardianship, or persons with disabilities " .
§ 14. In art. 12 is amended as follows:
1. In para. 1 'or the request "and" or application "shall be deleted and the words" 30 days "are replaced by" one month ".
2. In para. 2 words "Art. 8 pt. 2 and 3 "are replaced with" Art. 8 pt. 2 and 4 ".
§ 15. In art. 14, para. 1, 'or the request "shall be deleted.
§ 16. In art. 15, para. 2 'or the request "shall be deleted.
§ 17. In art. 16 is amended as follows:
1. In para. 2 words "para. 2 "is replaced with" para. 3 '.
2. In para. 3 words "local police department" are replaced by "the regional department of the Ministry of Interior."
§ 18. In art. 17 be made the following amendments:
1. In para. 1 third sentence is deleted.
2. A new paragraph. 2:
"(2) If the complaint is not imported state fee."
Third. Former para. 2, 3, 4 and 5 shall become para. 3, 4, 5 and 6.
§ 19. In art. 18 is amended as follows:
1. In para. 1 everywhere the words "or application" shall be deleted and the words "direct and immediate subsequent danger" is replaced by "direct, immediate or delayed hazard."
2. In para. 2 words "local police department" are replaced by "the regional department of the Ministry of Interior." 3
. In para. 4 the words "30 days" are replaced by "one month" and the words "or asking" are deleted.
4. In para. 5 the words "Art. 8 pt. 2 and 3 "are replaced with" Art. 8 pt. 2 and 4 ".
§ 20. In art. 19 after the words "immediate protection" insert "not subject to appeal."
§ 21. In art. 21 be made the following amendments:
1. A new paragraph. 2:
"(2) When the measure was imposed under Art. 5 para. 1 pt. 2 and the offender refuses to voluntarily implement it, it is removed from the occupiers together with the assistance of the police authorities of the regional department of the Ministry of Interior at the location of the house. "
2. Former para. 2 becomes para. 3.
§ 22. In concluding provisions shall be made the following supplements:
1. In § 4 after the word "support" is added "and under Art. 45 of the Law for Non-profit. "
2. A § 5a:
"§ 5a. Implementation of the law is assigned to the Council of Ministers. "
Transitional and Final Provisions
§ 23. Proceedings (requests) and complaints received by the entry into force of this law shall be considered by the previous order.

§ 24. Within three months of the entry into force of this Act the Council of Ministers shall adopt regulations for its implementation.
§ 25. The Penal Code (Prom. SG. 26 of 1968 .; corr. SG. 29 of 1968 .; amend., SG. 92 of 1969, pcs. 26 and 27 1973, pcs. 89, 1974, issue. 95, 1975, issue. 3 of 1977, pcs. 54, 1978, issue. 89 of 1979, pcs. 28 1982 d .; corr. SG. 31 of 1982 .; amend., SG. 44 of 1984, pcs. 41 and 79 of 1985 .; corr. SG. 80 of 1985 .; amend. No. . 89 1986 .; corr. SG. 90 of 1986 .; amend., SG. 37, 91 and 99, 1989, issue. 10, 31 and 81 of 1990, pcs. 1 and 86 1991 .; corr. SG. 90 of 1991 .; amend. pcs. 105 of 1991, pcs. 54, 1992, issue. 10, 1993, pcs. 50, 97 and 102 1995 pcs. 107 of 1996, pcs. 62, 85 and 120 of 1997, pcs. 83, 85, 132, 133 and 153 in 1998, pcs. 7, 51 and 81 of 1999 SG. 21, 51 and 98 in 2000, pcs. 41 and 101 in 2001, pcs. 45 and 92, 2002, issue. 26 and 103 of 2004, pcs. 24, 43 , 76, 86 and 88 of 2005, pcs. 59, 75 and 102 of 2006, pcs. 38, 57, 64, 85, 89 and 94 of 2007, pcs. 19, 67 and 102 of 2008 SG. 12, 23, 27, 32, 47, 80 and 93 of 2009) in art. 296, para. 1, 'Protection against Domestic Violence "is replaced by" protection from domestic violence. "
§ 26. In the Judiciary Act (prom. SG. 64 of 2007 .; amend., SG. 69 and 109 of 2008, pcs. 25, 33 and 42 of 2009) Art. 329, para. 3 pt. 5, the words "Law on Protection against Domestic Violence" are replaced by "Law on Protection from Domestic Violence".
§ 27. This Act shall enter into force on the day of its promulgation in the "Official Gazette" with the exception of § 7, p. 2 on Art. 6 para. 5, 6, 7 and 8, which enters into force on January 1, 2010
law was adopted by the 41 th National Assembly on December 9, 2009 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva 13,486