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Art. 218b · a BGN 100–300 fine instead of a prosecution
Updated July 2026

🛒 Is theft below a certain value still a crime?

With conditions
Quick answer

Not always — on certain conditions a fine replaces the prosecution. Theft is a crime under art. 194 of the Criminal Code. But under art. 218b, criminal proceedings are not brought and an administrative fine of BGN 100 to 300 is imposed instead, where all of the following hold: the value taken is up to two minimum wages (with the wage at BGN 1,213, that is up to BGN 2,426); the item has been returned or its value paid; the offender has no previous conviction for an offence of a general nature and has not had this measure imposed before; and the object is not a weapon, ammunition, explosives, narcotics or pyrotechnics. If any one condition fails, a criminal case follows.

📋 The rules

  • Theft is a crime under art. 194
  • Under art. 218b: a BGN 100–300 fine instead
  • Condition: value up to 2 minimum wages
  • Condition: the item is returned or paid for
  • Condition: a clean record and an ordinary object

🔓 Exceptions

  • On a repeat, or if any condition fails, criminal proceedings follow
  • Weapons, narcotics and pyrotechnics are excluded from the lighter regime
  • A minor case of theft can also be punished by a fine of BGN 100 to 300

⚠️ Penalties & fines

If the conditions of art. 218b are met, liability is administrative — a fine of BGN 100 to 300. If they are not, criminal proceedings are brought under art. 194, and a conviction leaves a criminal record — with all that follows for employment, visas and credit. Separately, the shop can claim damages in the civil courts. In practice: a security guard may detain someone caught in the act and must hand them to the police immediately — but has no power to search you or to "fine" you on the spot. Paying cash to the guard or the manager is not a lawful procedure and settles nothing.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Is all theft a crime?

Theft is a crime under art. 194, but under art. 218b, on certain conditions, no criminal proceedings are brought and an administrative fine of BGN 100 to 300 is imposed instead.

What are the conditions for a fine instead of a case?

A value up to two minimum wages, the item returned or paid for, no previous conviction and no previous such measure, and an object that is not a weapon or a narcotic.

What is the value threshold?

Two minimum monthly wages. With the wage at BGN 1,213 for 2026, that is a value of up to about BGN 2,426. Above it, criminal proceedings follow.

Can a guard "fine" me on the spot?

No. A guard may detain someone caught committing a crime and must hand them to the police at once, but cannot search you or impose a fine.

What happens on a repeat offence?

The lighter regime under art. 218b does not apply twice. Criminal proceedings follow, and a conviction leaves a criminal record with all its consequences.

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