Bulgarian Criminal Procedure Code (НПК) 2026: full analysis
Structure, principles and 2025-2026 changes to Bulgaria's Criminal Procedure Code: a practical analysis for lawyers on Art. 243, 248 and 368.
The Criminal Procedure Code (НПК) has been amended 5 times in the period July 2025 to April 2026 alone. The latest change (State Gazette No. 32 of 01.04.2026) affects critical procedural institutions. The most significant amendments are those of November 2025 (State Gazette No. 97/14.11.2025), which introduced new powers of the Prosecutor General under Art. 243, new grounds for splitting cases under Art. 248 and expanded rights to speed up the investigation under Art. 368.
For practising criminal defence lawyers, knowing the current wording is essential. This analysis covers the structure of the code, the basic principles, the key changes of 2025-2026 and their practical consequences.
❓What is the Criminal Procedure Code and what are its basic principles?
Source: НПК, Art. 1 and Art. 6-31
Tasks and scope of the НПК
Under Art. 1(1) НПК, the code sets out the procedure by which the pre-trial authorities and the court act in criminal cases. Its tasks include detecting crimes, exposing the guilty and the correct application of the law.
Criminal Procedure Code (НПК)
Art. 1(1)
Official Bulgarian text
„Наказателно-процесуалният кодекс определя реда, по който се извършват действията на органите на досъдебното производство и на съда по наказателни дела.“
The НПК applies by subject matter (Art. 2) to all criminal cases, unless a law provides for a different procedure. Its operation in time (Art. 3) follows the principle of immediate application: new procedural rules apply from the moment they enter into force, including to pending proceedings. Operation in respect of persons (Art. 5) regulates the immunities of Members of Parliament, the President and diplomatic persons. With the 2020 amendment, the competence of the European Public Prosecutor’s Office under Regulation (EU) 2017/1939 is also regulated.
Basic principles of the criminal process (Art. 6-31)
Chapter Two of the НПК regulates 26 principles, which are the foundation of the criminal process. Breach of these principles is a ground for setting aside the acts issued. For practising lawyers, knowing each principle is essential, since they define the limits of permissible procedural conduct of the authorities in the criminal proceedings.
| Principle | Article | Practical significance |
|---|---|---|
| Administration of justice only by the courts | Art. 6 | Exclusive competence of the court to impose punishments |
| Central role of the trial stage | Art. 7 | Evidence is examined directly by the court |
| Independence of the authorities | Art. 10 | Subject only to the law; interference is prohibited |
| Inner conviction | Art. 14 | Free assessment of evidence; no predetermined evidentiary weight |
| Right of defence | Art. 15 | Right to a lawyer from the moment of detention; right to know the charge |
| Presumption of innocence | Art. 16 | The burden of proof lies with the prosecution; doubts are resolved in favour of the accused |
| Immediacy and orality | Art. 18-19 | The court examines the evidence in person; oral hearing of the parties |
| Adversarial proceedings | Art. 12 | Equal procedural opportunities for the prosecution and the defence |
It should be noted that the principles under Art. 6-31 НПК also have a constitutional basis. The Constitutional Court has repeatedly confirmed the constitutionality of individual provisions of the НПК; significant are Decision No. 14/2018 in constitutional cases Nos. 12/2018, 13/2018 and 14/2018 (promulgated in State Gazette No. 87/2018), as well as a number of decisions from 2011 and 2021, published in the relevant issues of the State Gazette.
Ask Pravko and get an answer with citations from the law.
Structure of the НПК: a full overview by part
The НПК is organised into seven parts, each of which regulates a different stage or aspect of the criminal process. Knowing the overall structure is important for finding your way around when applying the code.
The seven parts of the НПК
Part One: General rules
Part Two: Pre-trial proceedings
Part Three: First-instance trial proceedings
Part Four: Appeal and cassation proceedings
Part Five: Special rules
Part Six: Enforcement and reopening
Part Seven: International cooperation
Part One: General rules
Part Two: Pre-trial proceedings
Part Three: First-instance trial proceedings
Part Four: Appeal and cassation proceedings
Part Five: Special rules
Part Six: Enforcement and reopening
Part Seven: International cooperation
Pre-trial proceedings: key provisions for practice
Pre-trial proceedings (Part Two, Art. 192-248) are the first stage of the criminal process. For defence lawyers, knowing the deadlines, the grounds for termination and the rights of the accused in this phase is critical.
Opening of proceedings (Art. 207-213b) is done by the prosecutor when there is a legal ground and sufficient data of a crime committed. Naming a person as accused (Art. 219-226) is a key procedural moment from which the person receives the full scope of the right of defence. The preliminary hearing (Art. 248) is a control mechanism of the court before the case is scheduled for examination on the merits.
Criminal Procedure Code (НПК)
Art. 243(1)
Official Bulgarian text
„Прокурорът прекратява наказателното производство, когато: 1. деянието не съставлява престъпление; 2. наказателното производство е образувано, след като деецът е бил амнистиран; 3. наказателната отговорност е погасена поради изтичане на предвидената в закона давност...“
Checklist for lawyers in pre-trial proceedings
Check the grounds for opening the proceedings (Art. 207-208): legal ground and sufficient data*
Check compliance with the investigation deadline (Art. 234: 2 months, extendable to 4 with the prosecutor's permission)*
Confirm that the naming of the accused (Art. 219) contains all the required elements*
Check for grounds for termination under Art. 243(1)
Prepare for the preliminary hearing (Art. 248): check for procedural violations*
If needed, file a request for speeding up under Art. 368 (NEW: to the administrative head of the prosecutor's office)
* Mandatory documents
Changes to the НПК in 2025-2026: what you need to know
The period July 2025 to April 2026 brought five amendments to the НПК: State Gazette No. 61/29.07.2025, No. 65/08.08.2025, No. 97/14.11.2025, No. 16/10.02.2026 and No. 32/01.04.2026. The most significant are the changes of November 2025 (State Gazette No. 97/14.11.2025), which affect five key provisions: Art. 213б, Art. 243, Art. 244, Art. 248 and Art. 368.
Caution
The changes from State Gazette No. 97/14.11.2025 are in force from the day of promulgation. For pending proceedings they apply immediately, under the principle in Art. 3 НПК. Lawyers should check whether the new provisions apply to cases already opened.
Art. 243: Termination of criminal proceedings
There are two substantive types of changes to Art. 243 НПК. First, the amendment of para. 4 widens the circle of bodies that are notified when proceedings are terminated. To the existing addressees are added the Commission for Anti-Corruption and Illegal Assets Forfeiture (КПКОНПИ), the State Agency for National Security (ДАНС) and the Public Financial Inspection Agency (АДФИ), where the offence was reported by these bodies. The aim is to prevent termination without the knowledge of the institution that raised the alert.
Act Amending the Criminal Procedure Code (ЗИД на НПК, State Gazette No. 97/14.11.2025)
§ 2: Art. 243, new para. 11
Official Bulgarian text
„Главният прокурор може да отмени постановление за прекратяване на наказателно производство и след изтичане на сроковете, когато: законът е приложен неправилно; са допуснати съществени процесуални нарушения; са налице доказателства, установяващи неистинност или неправилност; прокурор или разследващ орган е извършил престъпление; са налице нови доказателства; е установено нарушение на ЕКПЧ; разследването не е обективно и всестранно.“
Second, and more significantly, the new para. 11 of Art. 243 gives the Prosecutor General a power, not limited in time, to set aside decrees terminating proceedings. There are seven grounds, including both typical procedural violations (incorrectly applied law, material procedural violations) and extraordinary circumstances (a crime by a prosecutor or investigating authority, a breach of the ЕКПЧ). This is a new, unprecedented power that deserves particular attention from defence lawyers.
| Key provision | Before (until State Gazette No. 97/2025) | After (State Gazette No. 97/2025) |
|---|---|---|
| Art. 243(4): Notification | Standard circle of notified bodies | Extended to include КПКОНПИ, ДАНС, АДФИ where they raised the alert |
| Art. 243(11): Prosecutor General | Did not exist | New: 7 grounds for setting aside a termination without time limit |
| Art. 244: Suspension | Standard notification | Extended circle of notified bodies (as in Art. 243) |
| Art. 248: Preliminary hearing | Standard grounds for splitting | New grounds: absent defendants, persons with mental health problems |
| Art. 368: Speeding up the investigation | Request to the court; victim only | Request to the administrative head of the prosecutor's office; victim, heirs, КПКОНПИ, АДФИ, National Audit Office |
Art. 368: Speeding up the investigation
The changes to Art. 368 НПК are threefold. First, the body competent to consider the request changes from the court to the administrative head of the relevant prosecutor’s office. Second, the circle of persons entitled to file a request is considerably widened: no longer just the victim, but also the victim’s heirs, as well as state bodies such as КПКОНПИ, АДФИ and the National Audit Office. Third, the request can be filed when, within one year of the opening of the pre-trial proceedings, no person has been named as accused.
Information
The change of the competent body under Art. 368, from the court to the prosecutor’s office, is systemically significant. A request for speeding up no longer goes through judicial review but is considered within the prosecution system. Lawyers should adapt their tactics to the new procedure.
Trial proceedings and appeals: practical points
First-instance trial proceedings (Part Three) begin with a preliminary hearing under Art. 248, which is a control filter for the procedural fitness of the case. The reporting judge checks jurisdiction, the regularity of the indictment, and the grounds for termination or suspension and, after the changes of State Gazette No. 97/2025, the new grounds for splitting the case in the case of absent defendants or persons suffering from a mental illness that prevents their participation.
Appeal proceedings (Art. 313-340) provide a full review of the factual and legal side of the case. Cassation proceedings (Art. 346-361) are limited to three cassation grounds: breach of the law, material breach of procedural rules and manifest unfairness of the sentence imposed. Reopening of criminal cases (Art. 419-425) is an extraordinary means of review, applicable on newly discovered circumstances, new evidence or a breach of the ЕКПЧ established by the European Court of Human Rights.
Phases of the criminal process
Pre-trial proceedings
Preliminary hearing (Art. 248)
Judicial investigation and verdict
Appeal (Art. 313-340)
Cassation appeal (Art. 346-361)
Reopening (Art. 419-425)
Pre-trial proceedings
Preliminary hearing (Art. 248)
Judicial investigation and verdict
Appeal (Art. 313-340)
Cassation appeal (Art. 346-361)
Reopening (Art. 419-425)
Special rules (Part Five)
Part Five of the НПК regulates special proceedings that apply under certain conditions instead of or in addition to the general procedure. Fast-track proceedings (Art. 356-361) apply when the offender is detained during or immediately after the commission of the crime, where their identity has been established. Immediate proceedings (Art. 362-367) apply in an even narrower range of circumstances.
The abbreviated judicial investigation (Art. 371-374) is an accelerated procedure in which the defendant admits the facts or agrees that certain evidence will not be gathered. Release from criminal liability with imposition of an administrative penalty under Art. 78а НК (Art. 375-380 НПК) is a widely used institution for offences of lower public danger. For more information on administrative penalties, see also the analysis of the Administrative Violations and Sanctions Act (ЗАНН).
Practical advice for criminal defence lawyers
Initial check on a new criminal case
Check jurisdiction (Art. 35-42): subject-matter and territorial competence*
Check the limitation period (Art. 80-82 НК): absolute and relative*
Check the regularity of the indictment (Art. 246 НПК): completeness of the factual part*
Assess the measure of restraint (Art. 56-65): proportionality and grounds*
Check for violations in the gathering of evidence (Art. 104-177): admissibility of the means of proof*
Assess the possibility of a plea agreement (Art. 381-384) or an abbreviated judicial investigation
* Mandatory documents
Important
The new para. 11 of Art. 243 НПК allows the Prosecutor General to set aside the termination of criminal proceedings even after the deadlines have expired. In cases that ended with termination, lawyers should inform their clients that the finality of the termination is no longer absolute where any of the seven grounds under the new paragraph is present.
The most common procedural violations that lawyers can identify in pre-trial proceedings include: failure to comply with the investigation deadline (Art. 234), improper naming of an accused (Art. 219), restriction of the right of defence (Art. 15, 55), and violations in the gathering of evidence. When appealing a termination under Art. 243, both the rights of the victim under Art. 243(6) and the new powers of the Prosecutor General under para. 11 should be kept in mind. On false declarations in criminal cases, see the analysis of Art. 313 НК. For the concept of a minor case in the context of administrative violations connected with the criminal process, see the analysis of Art. 28 ЗАНН.
Pravko provides legal information but does not replace consultation with a lawyer. For specific criminal cases, contact a licensed lawyer.
⚠️ Important
Pravko provides legal information, but it does not replace advice from a lawyer. For important legal matters, consult a licensed lawyer.
