Fiches Belges
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Fiches Belges: Bulgaria

Probation measures (904)

1. MEASURE IMPLEMENTATION

Bulgaria

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

Yes, by virtue of the Law on Recognition, Enforcement and Sending of Judgments and Probation Decisions with regard to the supervision over probation measures and alternative sanctions. The law is applied with regard to: 1. Recognition of enforceable judgments under criminal cases and probation decisions enacted in another EU member-state; 2. Supervision over probation measures and alternative sanctions; 3. Sending of enforceable judgments under criminal cases enacted in the Republic of Bulgaria by which probation is imposed or probation measures are defined in cases of sentence on probation or release on probation for recognition and enforcement in other EU member-states; 4. Other decisions related to those described under items 1-3.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

The authorities in the Republic of Bulgaria that are competent to recognize the judgments under criminal cases and probation decisions enacted in another EU member-state are the district courts at the place of residence of the person. In cases when the place of residence of the convicted person in the Republic of Bulgaria is not known or if the convicted person does not live in the country, the authority that is competent to recognize such judgment is Sofia City Court.

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

N/A

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

Bulgarian and English language.

5. EXECUTION DEADLINE

Bulgaria

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

Court proceedings shall be completed not later than 6 days as from the receiving of the enforceable judgment or probation decision enacted in another EU member-state. When due to exceptional circumstances this deadline may not be observed, the respective court shall immediately inform the competent authority of the issuing state and to describe the reasons for delay and the term necessary for adoption of final decision.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

Judgments enacted in another EU member-state shall be recognized and enforced on the territory of Republic of Bulgaria if they are relevant to acts that constitute crimes also under the Bulgarian legislation, regardless of their elements under the legislation of the issuing state. Dual criminality is not requires for the following crimes if in the issuing state they are punishable by a sentence or a measure involving deprivation of liberty for a maximum term of not less than three years: 1. participation in a criminal organisation, 2. terrorism, 3. trafficking in human beings, 4. sexual exploitation of children and child pornography, 5. illicit trafficking in narcotic drugs and psychotropic substances, 6. illicit trafficking in weapons, munitions and explosives, 7. corruption, 8. fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities’ financial interests, 9. laundering of the proceeds of crime, 10. counterfeiting currency, including of the euro, 11. computer-related crime, 12. environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, 13. facilitation of unauthorised entry and residence, 14. murder, grievous bodily injury, 15. illicit trade in human organs and tissue, 16. kidnapping, illegal restraint and hostage-taking, 17. racism and xenophobia, 18. organised or armed robbery, 19. illicit trafficking in cultural goods, including antiques and works of art, 20. Swindling, 21. racketeering and extortion, 22. counterfeiting and piracy of products, 23. forgery of administrative documents and trafficking therein, 24. forgery of means of payment, 25. illicit trafficking in hormonal substances and other growth promoters, 26. illicit trafficking in nuclear or radioactive materials, 27. trafficking in stolen vehicles, 28. rape, 29. arson, 30. crimes within the jurisdiction of the International Criminal Court, 31. unlawful seizure of aircraft/ships, 32. sabotage The court shall recognize the judgment when the convicted person has a place of residence on the territory of Republic of Bulgaria and has returned or is willing to return to the country. In exceptional cases the court may recognize the judgment when the convicted person has a place of residence or usual residence on the territory of a EU member-state, if this person remains or will move to the territory of Republic of Bulgaria in order to work, study or because he/she is a member of the family of a person who legally stays in the Republic of Bulgaria. Enforcement of a decision under art. 2, item 1 that refers to taxes, fees, custom duties or currency exchange may not be refused on the grounds that the Bulgarian legislation does not envisage the same type of tax or fee or its provisions with regard to taxes, fees, custom duties or currency exchange regimes differ from those under the legislation of the issuing state.

b. Other useful information

Participation of agents of the requesting/issuing state at performance of the measure is not envisaged. The court may refuse to recognize the judgment and may refuse to perform surveillance over probation measures or alternative sanctions when: 1. the certificate is not presented, is incomplete or manifestly does not correspond to the judgment and has not been presented, completed or corrected within a reasonable deadline set by the Bulgarian court; 2. the convicted person does not have a place of residence on the territory of the country and is not willing to return to it; 3. the case is not an exceptional one, even if the grounds formally envisaged under the law exist; 4. the Republic of Bulgaria has not declared readiness to perform supervision over the measures or sanctions, to which the sent judgment refers; 5. the recognition of the judgment or the supervision over probation measures or alternative sanctions would be in contradiction to ne bis in idem principle; 6. the judgement refers to offences, which are not punishable according to the Bulgarian legislation, except for those envisaged under the law; 7. the enforcement of the sentence is statute-barred according to the Bulgarian legislation and the offence falls under jurisdiction of Bulgarian court; 8. the convicted person enjoys immunity under the Bulgarian legislation, which makes impossible the supervision over probation measures or alternative sanctions; 9. according to the Bulgarian legislation the convicted person due to his/her age, could not have been held criminally liable for the acts in respect of which the judgment was issued; 10. according to the certificate the judgment was rendered in absentia, unless the certificate explicitly states that one of the following conditions is met in conformity to the legislation of the issuing state: a) the person was summoned personally and this way informed in due time about the date and place of court proceedings or was officially informed about that in another way that indisputably evidences notification about the scheduled court proceedings and about the possibility of rendering a judgment in absentia; b) after being duly informed about the scheduled court proceedings the person authorized a defence attorney or such was appointed by the court and such defence was actually performed; c) after the judgment was served directly to the person and the person was explicitly informed about his right to appeal or to a new trial with his participation at which the case may be reviewed upon its merits with presenting of new evidence and opportunity for revocation of the initial act, he/she explicitly stated that he/she does not contest the judgment or did not request appealing or new trial in the envisaged term; 11. the sentence imposed includes a measure of psychiatric or health care, which may not be supervised by the Republic of Bulgaria in conformity to the Bulgarian legislation in force; 12. the probation measure or alternative sanction is imposed for a term of less than 6 months; 13. the judgment refers to a crime, which according to the Bulgarian legislation is considered as fully or predominantly committed on the territory of Republic of Bulgaria. When the judgment refers to acts, which are not fully or predominantly committed on the territory of Republic of Bulgaria the court may refuse its recognition after careful assessment. In each separate case the court shall consider whether the acts are not predominantly committed on the territory of the issuing state.

Last reviewed on 25 august 2016 by Secretariatul RJE

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