Ruling No. 12 of 5 November 2024 on Constitutional Case No. 23/2024
Referring Authority and Subject Matter of the Case
The case was initiated upon a request by the Council of Ministers. The subject of the case is the mandatory interpretation of the provisions of Article 5, paragraph 3, Article 30 and Article 31 of the Constitution of the Republic of Bulgaria, with the following questions: “Do the provisions of Article 5, paragraph 3, Article 30 and Article 31 of the Constitution of the Republic of Bulgaria provide that only a natural person bears criminal liability, and if the answer is positive - does the fact that only a natural person bears criminal liability constitute a fundamental principle of Bulgarian law?” Article 5, paragraph 3 regulates the principle of the legality of criminal offences; Article 30 establishes the right to personal freedom, inviolability and protection, as well as certain specific manifestations of these rights; Article 31 addresses fundamental principles of criminal proceedings related to time limits for bringing an accused to court, prohibition of coercion to confess, the presumption of innocence, and others.
Summary of the Court’s Reasoning
The interpretative authority of the Court aims to determine the scope and meaning of constitutional provisions for which ambiguity and/or equivocation has been established, allowing for different interpretations and/or leading to inconsistent application. The ambiguity and the resulting possible divergent solutions give rise to the legal interest in the requested interpretation. In this case, the petitioner raises two questions, one conditioning the other, without however clearly substantiating the existence of ambiguity. When interpreting the provisions cited in the request, it becomes unequivocally clear that at the time of their adoption the constitutional legislator envisaged criminal liability of natural persons, and no ambiguity is implied.
The second interpretative question essentially concerns the possibility of legislative regulation of criminal liability of legal persons. The Constitutional Court cannot, through interpretation, resolve issues that the Constitution leaves to the discretion of the National Assembly as the legislative authority.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 1 of the Constitution (the authority to issue mandatory interpretations of the Constitution), the Constitutional Court dismisses as inadmissible the request for a mandatory interpretation of Article 5, paragraph 3, Article 30 and Article 31 of the Constitution, with the following questions: “Do the provisions of Article 5, paragraph 3, Article 30 and Article 31 of the Constitution of the Republic of Bulgaria provide that only a natural person bears criminal liability, and if the answer is positive - does the fact that only a natural person bears criminal liability constitute a fundamental principle of Bulgarian law?”.
Председател: Павлина Панова