38. Is there a ban on vote buying?

Art. 167. "(2) Anyone offering or providing a material benefit to another to the purpose of persuading him/her to exercise his right to vote to the benefit of a particular candidate for office, a political party or coalition or to vote in a referendum in a particular manner, shall be punished by imprisonment from one to six years and a fine from BGN ten thousand to twenty thousand.

(3) Anyone who organizes the offering or giving of a material benefit to another for the purpose of persuading him/her to exercise his right to vote to the benefit of a particular candidate for office, a political party or coalition or to vote in a referendum in a particular manner, shall be punished by imprisonment from one to seven years and a fine from BGN ten thousand to twenty-five thousand.

(4) The punishment under paragraph (3) shall also be imposed on a person providing a material benefit to the persons under paragraphs (2) and (3) to be offered or provided to another person with the purposes of persuading him to exercise his voting right in favour of a specific candidate, political party or coalition or to vote in a referendum in a particular manner.

(5) Where the act under Paragraphs 1 - 4 was committed by a domestic public official in the course of, or in connection with, the performance of the official duties thereof, the punishment shall be imprisonment from two to seven years and a fine from BGN 10,000 to 30,000.

(6) In the cases under paragraphs (2), (3), (4), and 5 the court shall also impose a punishment deprivation of the right under Article 37 (1) item 6.

(7) Perpetrators of actions referred to in paragraph (2) will not be punished provided that they voluntarily inform the relevant body of authority of any committed crime as referred to in paragraph (3) and (4)."

Art. 167a. "(1) Anyone who, for the purpose of exercising his/her right to vote to the benefit of a particular candidate or to vote in a referendum in a particular manner for office, asks or receives a material benefit, shall be punished by imprisonment of up to three years and by a fine from BGN one thousand to five thousand.

(2) Perpetrators will not be punished provided that they voluntarily inform the relevant body of authority of any committed crime as referred to in Article 167, paragraphs (2), (3) or (4)."

Source: Articles 167 (2 - 7) and 167a, Criminal Code of the Republic of Bulgaria, 1968

Both the persons who offers and asks or receives a material benefit shall be punished.