Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: България

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

България

Is this measure possible in your Member State under International Judicial Cooperation?

This measure is possible under International Judicial Cooperation since the Republic of Bulgaria has fully transposed Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA). All limits established by the Framework Decision apply in relation to this, and if it is not possible to apply this Decision, another measure can used: extradition, in accordance with the European Convention on Extradition, Paris, 13 December 1957. The following should also be specified: If the Republic of Bulgaria has received European arrest warrants issued by two or more Member States for the same person, the court will take a decision with consideration of all the circumstances and after examining the seriousness and place of the offences, the respective dates of the European arrest warrants, and the purposes for which the respective warrant has been issued. In such cases, the court may seek the advice of Eurojust. In the event of a conflict of a European arrest warrant and an extradition request submitted by a country which is not a Member State of the European Union, the court will examine all circumstances indicated above and what is agreed in the relevant international treaty. An extradition request submitted by the International Criminal Court takes precedence. National framework: Extradition and European Arrest Warrant Act.

2. LEGAL FRAMEWORK

България

International legal framework applicable for this measure in your Member State

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

1. If the prospective detainee’s residential address or whereabouts are known, the European arrest warrant must be forwarded by the issuing authority directly to the provincial court in whose judicial province that person resides or is present. In such cases, the EAW may be emailed, faxed or forwarded by any secure means making it possible to establish its authenticity. 2. If the prospective detainee’s residential address or whereabouts are not known, the European arrest warrant must be forwarded by the issuing Member State to the Republic of Bulgaria through Interpol channels or the Schengen Information System. In such cases, when the person sought is identified by the police, that person is detained and a prosecutor of the provincial prosecutor’s office in the area of the person’s detention is informed immediately. The prosecutor verifies whether the European arrest warrant complies with the requirements of the Framework Decision and if the warrant is found compliant, the prosecutor approaches the competent provincial court for the conduct of judicial proceedings for the person’s surrender.

* execute/recognise the measure (if other than the receiving authority)

After the competent court’s decision on surrender of the person sought becomes final, a certified copy of that decision is forwarded to the Supreme Cassation Prosecutor’s Office and to the Ministry of Justice of the Republic of Bulgaria. The Supreme Cassation Prosecution Office issues a written decision (decree) on the surrender of the person, and the surrender itself is performed by the International Operational Cooperation Directorate at the Ministry of Interior of the Republic of Bulgaria and by the Security Directorate General at the Ministry of Justice of the Republic of Bulgaria. The surrender takes place within 10 days of the date on which the provincial court’s decision becomes final. If the person cannot be surrendered within that period, the Supreme Cassation Prosecutor’s Office and the authorities of the issuing Member State agree on a new date, but the period may not be extended by more than 10 days.

4. ACCEPTED LANGUAGES

България

Accepted languages for the request/decision

I. The European arrest warrant and the documents that accompany it must be translated into Bulgarian. II. In the cases where the European arrest warrant has been received via: 1. the Schengen Information System; 2. the telecommunications system of the European Judicial Network; 3. the authorities of the Supplementary Information Request at the National Entries (SIRENE): Ministry of Interior (MVR), International Operational Cooperation Directorate (DMOS) and is not accompanied by a translation into Bulgarian, the prosecutor immediately notifies the issuing Member State requesting such translation. Unless a translation of the warrant is received within 72 hours, the arrested person is released.

5. EXECUTION DEADLINE

България

Deadlines for the execution of the request/decision (where applicable)

If the requested person consents to be surrendered, the court takes a decision within 7 days of the expiry of the time limit for revocation of that consent. The requested person may revoke his or her consent to surrender within three days after consent has been given. If the requested person does not consent to be surrendered, the court takes a decision within 60 days. Where the European arrest warrant cannot be executed within these time limits, the court informs the issuing authority accordingly without delay, giving the reasons for the delay. In such a case, the time limits are extended by a further 30 days. If the proceedings are not finalised within 90 days in aggregate from the arrest of the person by the police, the court immediately informs Eurojust of the delay, giving reasons for this.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

1. If a European arrest warrant has been issued on the basis of an offence punishable by custodial life sentence or life-time detention order, that warrant will be executed by the Republic of Bulgaria only if the issuing Member State has expressly guaranteed that its legislation envisages a possibility for: - a review of the penalty or measure imposed on request of the person, or - an ex officio review of the penalty or measure imposed at the latest after 20 years, or - the application of measures of clemency. 2. If a European arrest warrant has been issued for the purpose of prosecution of a Bulgarian national or a permanent resident in the Republic of Bulgaria, the surrender of that person is subject to the condition that the issuing Member State has guaranteed as requested in advance that the person, after being heard in its territory, will be returned to the Republic of Bulgaria at a Bulgarian border-crossing checkpoint in order to serve the custodial sentence or detention order passed against him or her. In such cases, transfer of a sentenced person is not carried out, and the costs resulting from his or her return are borne by the issuing Member State.

b. Other useful information

The Republic of Bulgaria is bound to refuse to execute a European arrest warrant if: 1. the offence on which the warrant is based is covered by amnesty in the Republic of Bulgaria and it had jurisdiction to prosecute the offence under its own criminal law; 2. the requested person has been judged for the same offence on which the warrant is based by a final sentence of the Bulgarian court or of the court of a third country and the penalty has been served or is currently being served, or the sentence may not be executed under the legislation of the sentencing State; 3. the requested person is an infant in accordance with Bulgarian legislation, i.e. the person is aged under 14 years.

Last reviewed on 6 януари 2021 by Секретариат на ЕСМ

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