Trafficers caught transporting migrants across Bulgaria’s border while under the influence of alcohol or drugs will now be required to pay the full market value of the vehicle they used - regardless of ownership. This new measure targets cases where the vehicle is stolen, missing, or belongs to another person, and is part of proposed amendments to the Criminal Code, recently made public by the Ministry of Justice for consultation.

The changes come as a direct response to the Constitutional Court’s ruling on July 17, 2025, which struck down parts of Articles 280 and 281 of the Criminal Code. Specifically, the court annulled the clause that allowed authorities to impose fines equal to the market value of a vehicle when the offender was not its legal owner. The justices ruled that those provisions were unenforceable in their current form. However, the court upheld the broader practice of confiscating vehicles from drunk or drug-impaired drivers, finding it constitutional.

To address the legal gap, the Ministry has proposed a revision to Article 53 of the Criminal Code. A new paragraph 2 would explicitly empower lawmakers to stipulate that, when a criminal act involves the use of another person’s property, the guilty party may be ordered to pay its monetary equivalent. This would give courts the legal basis to impose financial penalties tied to the value of a vehicle that does not belong to the offender.

The rationale behind the revision emphasizes legal consistency and fairness. Without this change, individuals who commit the same crime would face different consequences based solely on vehicle ownership - whether they used their own car or someone else’s. The proposal aims to ensure that all perpetrators are subject to equal treatment under the law.

The draft legislation also touches on traffic incidents resulting in injury or death. In such cases, courts would be permitted to confiscate the vehicle if it is owned by the offender. If not, they could award the state its equivalent value. This clause will apply specifically to drivers who cause accidents after consuming alcohol above the legal limit or under the influence of narcotic substances. In those circumstances, the application of this measure will be mandatory.

The proposed amendments are part of a broader effort to close legal loopholes and reinforce accountability, particularly in cases involving dangerous driving and cross-border offenses.