Bulgaria, Народно събрание на Република България, Стенограма на четиридесет и първо заседание на 43-то Народно събрание

Bulgaria, National Assembly, Minutes from the 41st session of the 43rd National Assembly
Published in
Стенограми от пленарни заседания
ЧЕТИРИДЕСЕТ И ПЪРВО ЗАСЕДАНИЕ
Publication month
February
Publication day
19
Publication Year
2015
Two references to the Charter were made during that parliamentary session. Both were part of the report of the Legal Affairs Committee (Комисия по правни въпроси) presented before the plenary session and concerning draft amendments in the Criminal Code (Наказателен кодекс). Both were contained in statements of the Prosecutor’s Office of the Republic of Bulgaria (PORB) (Прокуратура на Република България, ПРБ) and concerned drafts submitted by the populist party ATAKA. One draft concerned amendments in the provisions on self-defence, which the PORB considered contradictory to the right to life, enshrined, among others, in Art. 2, item 1 of the Charter. The amendments envisaged broadening of the scope of exemption of criminal liability on the grounds of self-defence. Currently, the self-defense rule applies to cases of defending one’s home against breaking in or entering by force. The new provision would have added to the scope of self-defence the following cases: defending a home, irrespective of its ownership and the way the intruder has entered it; defending any other property, including movable property (e.g. cars); and damages caused to the intruder are the result of special security measures (including technical devices) undertaken by the defending person. The other concerned criminalisation of manifestation of homosexual orientation, which the PORB considered contradictory to the Charter in general..