Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
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Execution Deadline
Deadlines

Legal info
Special requirements
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Fiches Belges: България

Transfer of proceedings (1001)

1. MEASURE IMPLEMENTATION

България

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

Yes, it is possible. There is no alternative measure. The opportunity of transfer of criminal proceedings from another state is regulated under art. 478 of Criminal Procedure Code. The request for transfer of criminal proceedings from another state shall be accepted by the authority of the criminal proceedings when some of the following grounds exist: 1. The act in respect of which the request has been made constitutes a crime under Bulgarian law; 2. The offender is criminally responsible under Bulgarian law; 3. The offender has his/her permanent residence on the territory of Republic of Bulgaria; 4. The offender is a citizen of Republic of Bulgaria; 5. The crime in respect of which a request has been made is not considered a political or politically associated, nor a military crime; 6. The request does not aim at prosecuting or punishing the person due to his or her race, religion, nationality, ethnic origin, sex, civil status or political affiliations; 7. Criminal proceedings in the Republic of Bulgaria in respect of the same or another crime have been initiated against the offender; 8. The transfer of proceedings is in the interest of discovering the truth and the most important pieces of evidence are located on the territory of the Republic of Bulgaria; 9. The enforcement of the sentence, should one be issued, will improve the chances of the sentenced person for re-socialisation; 10. The personal appearance of the offender may not be ensured in proceedings in the Republic of Bulgaria; 11. The sentence, if one is issued, may be enforced in the Republic of Bulgaria; 12. The request does not contradict international obligations of the Republic of Bulgaria; 13. The request does not stand in contradiction to the fundamental principles of Bulgarian criminal and criminal procedural law. Any procedural action taken by a body of the requesting state in accordance with its national law shall enjoy in the Republic of Bulgaria the same evidentiary power as it would enjoy if it were taken by a Bulgarian authority.

2. LEGAL FRAMEWORK

България

International legal framework applicable for this measure in your Member State

European Convention on Transfer of Proceedings in Criminal Cases

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

Supreme Prosecutor’s Office of Cassation – for the pre-trial proceedings; The Ministry of Justice – for the court proceedings.

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

Under the pre-trial proceedings – the respective competent prosecutor’s office. Under the court proceedings – the respective competent court.

4. ACCEPTED LANGUAGES

България

Accepted languages for the request/decision

Bulgarian and English language.

5. EXECUTION DEADLINE

България

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

A request for the transfer of criminal proceeding by another state shall be sent to: 1. The Supreme Prosecution Office of Cassation - in respect of pre-trial proceedings; 2. The Ministry of Justice - in respect of court proceedings. These two bodies shall immediately sent the request for transfer of criminal proceedings from another state to the competent authority of criminal proceedings in conformity to the provisions of Criminal Procedure Code and when the jurisdiction may not be defined under the rules of the same code – to the courts in Sofia.

b. Other useful information

Rendering of assistance or participation of agents from the requesting state at performance of the measure is not admissible.

Last reviewed on 25 август 2016 by Секретариат на ЕСМ

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