The Criminal Board of the Supreme Court of Cassation (SC of the Supreme Court of Cassation) appealed to the Constitutional Court (SC) with a request to declare the new texts of the Criminal Code (SC) unconstitutional, which provide for confiscation of cars or their equivalent fines , when it comes to unintentional crimes, as well as when the thing was never owned by the perpetrator. What we need to know… Attorney Elitsa Buenova spoke to FAKTI.
- Lawyer Buenova, the Supreme Court of Cassation (SCC) requested the annulment of part of the provisions of the Criminal Code, which provide for confiscation of the cars of drunks and drug addicts or the imposition of a fine if the car is not theirs. Which regulations are being dropped and will our cars be confiscated?
- Yes, they will be taken away from you if you drive drunk and/or drugged. If you don't want them taken away, take a taxi, walk, call Drink&drive, etc.
So far, there has only been a request submitted by the Supreme Court to the Constitutional Court to drop some provisions related to the confiscation, but this has not yet happened. Personally, I think the regulations will be repealed because they really have serious vices.
- Who are they?
- The confiscation of the cars and the fine of the drivers who caused the accident under the qualifying circumstances and only there will be abolished. These are the cases where someone has caused an accident on a crosswalk due to negligence, with more casualties, was drunk and/or drugged, refused to be tested, fled the scene, was impaired, ran a red light or drove at over 50 km/h. in a populated place and has caused significant property damage, moderate or severe damage and/or death to someone. Only in this case will the confiscation of the vehicle be cancelled.
If the driver is caught driving drunk or drugged, the impoundment of the vehicle, if owned, will remain. Cancellation of the fine is requested only if the vehicle does not belong to the offender. Currently, this fine is intended to be the equivalent of the car. Only in this part, the provision will be declared unconstitutional, but I hope that the people's representatives will react adequately in time and simply replace it with one that complies with the law. For example, the fine should be from 1,000 to 100,000 BGN and the court should already determine exactly how much according to the property status of the perpetrator.
- Driving under the influence of alcohol or drugs. What's next, when will our car be taken away?
- They will always take it away from you if you are stopped for inspection and if it is YOUR property. If you caused an accident due to carelessness, it will no longer be taken away from you.
- If the car is personal property, what happens if the car is leased or owned by a neighbor, what happens in the case of the same traffic violation?
- If the car is personal property, it will be taken away from you. If the car is leased or owned by your neighbour, you were previously charged a fine equal to its equivalent, but after the cancellation you will not be charged anything. Unless lawmakers provide for a fine in a certain range to meet the requirements of the law.
- What is the effect of the sanctions so far?
- In my opinion, the effect of the sanctions is huge, because many people refrain from driving drunk and/or drugged. There will always be idiots, but the idea is to reduce them.
- What will those who have already paid the fine for not driving their car do?
- This will have to be decided by the people's representatives, because they made this mess and the law requires them to find a solution to this problem within two months. If they don't, then these people will have the right to sue the state for tort under Article 49 of the Labor Code. In this sense, there is an interpretive decision of the Supreme Court under TD No. 1 of 2022, which is on a different topic, but the situation is identical and the Supreme Court is categorical that people have the right to sue the state for the reimbursement of what was later declared unconstitutional provision.
- What changes do you expect parliament to make if the regulations are overturned by the Court of Cassation?
- First of all, I hope that the people's representatives will provide for the confiscation and the fine, if the car does not belong to the perpetrator, in the case of intentional traffic accidents under Article 342 of the Criminal Code.
Secondly, to amend Article 53 of the Criminal Code and provide that in the case of imprudent crimes, the items that served to commit the crime can be confiscated for the benefit of the state. After which they should return the confiscation and the fine in Art. 343, Para. 3 of the Criminal Code.
And lastly, not to leave things like that without a fine for the non-owners, because that would be extremely unfair – some will have their cars taken away, and others nothing /so all drunks will now only drive foreign cars/, but to foresee a fine in the amount of BGN 1,000 to 100,000, in which range the court, subject to compliance with the provisions of the law, will be able to determine the exact amount that corresponds to the property status, income and family obligations of the perpetrator.