Fiches Belges

The application of the measure in the framework of international legal cooperation is possible, as far as the Republic of Bulgaria has fully transposed Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. In this regard all limitations set out under the Framework Decision are valid and applicable, in case the application of the measure is impossible another measure may be applied – extradition I conformity to the rules of the European Convention on Extradition / Paris, 13.12.1957/. In particular the following shall be pointed out: When the authorities of Republic of Bulgaria have received EAW from two or more member-states that refer to one and the same person, the Court shall adopt a decision based on all circumstances, after consideration of seriousness and place of commitment of crimes, the dates of receiving of the EAW and the purpose of each of the EAW. In such case the Court may consult Eurojust. In case of competition between an EAW and a request for extradition filed by a state outside the EU, the Court shall assess all circumstances described above and the provisions of the respective international contract. A request for extradition issued by the International Criminal Court shall have a priority over other similar documents.

The Bulgarian Extradition and EAW Act: https://www.lex.bg/laws/ldoc/2135504378

Bulgaria as an executing state: - to receive the request/decision for judicial cooperation: 1. When the address or the location of the person whose arrest is requested are known, the EAW shall be sent directly by the issuing authority to the District court competent to act at the place of residence or the location of this person. In these cases the EAW may be sent via an e-mail, fax or any other duly protected way that permits establishment of its authenticity. 2. When the address or the location of the person whose arrest is requested is not known, the EAW shall be sent by the issuing authority to the Republic of Bulgaria via the channels of Interpol or the Schengen Information System. In such cases when the location of the wanted person is established by the police, the same shall be arrested and immediately a prosecutor from the district prosecutor`s office at the place of arrest shall be notified. The prosecutor shall perform an inspection whether the EAW conforms to the requirements of the Framework Decision and if so he/she shall approach the respective district court with regard to conducting of court proceedings for transferring of the person. - execute/recognise the measure: After the decision of the competent district court referring to the transfer of the wanted person has entered into force, a certified copy of this decision shall be sent to the Supreme Cassation Prosecutor`s Office and to the Ministry of Justice of Republic of Bulgaria. The Supreme Cassation Prosecutor`s Office shall issue a written act – a decree on transferring of the person and the transfer itself shall be performed by “International Operative Cooperation” Directorate at the Ministry of Interior of Republic of Bulgaria and by the General Directorate “Security” at the Ministry of Justice of Republic of Bulgaria. The transfer shall be performed in term of 10 days as from the date of entering into force of the district court decision. When the person may not be transferred in this term, the Supreme Cassation Prosecutor`s Office and the competent authorities of the issuing state may negotiate a new date, but the term may be prolonged with not more than 10 days. Bulgaria as an issuing state: An European arrest warrant in the Republic of Bulgaria can be issued by: 1. the respective prosecutor - with regard to an accused party or a person convicted by an enforceable sentence; 2. the respective court - in respect of a defendant. According to the new Art. 56а of the Bulgarian Extradition and EAW Act, during the pre – trial stage the supervising prosecutor issues a national arrest warrant for the detention of the accused person and requests a permission from the relevant first instance court for the issuance of EAW. The decision of the first instance court can be appealed before the relevant second instance court. The prosecutor issues the EAW on the grounds of the final act of the court. Furthermore, the once issued EAW itself can be appealed before the relevant second instance court which decision is final.

The European Arrest Warrant and the enclosed documents shall be translated in Bulgarian language. In cases when the EAW is received via: 1. Schengen Information System; 2. Telecommunication system of the European Judicial Network; 3. The bodies of S.I.R.N.E. – MoI, “IOC” Directorate; and is not translated in Bulgarian language, the prosecutor immediately informs the issuing member-state to transmit such translation. If in term of 72 hours such translation of the warrant is not received, the arrested person shall be released.

When the wanted person grants his/her consent to be transferred, the Court shall issue a decision in term of 7 days as from the date, on which the term for withdrawal of the consent has expired. The wanted person may withdraw his/her consent to be transferred in term of three days as from its granting. When the wanted person does not grant his/her consent to be transferred, the Court shall issue a decision in term of 60 days. When the EAW may not be fulfilled in the above terms, the Court shall immediately inform the issuing authority about that and shall describe the reasons for the delay. In this case the terms may be prolonged with another 30 days. When the proceedings has not finished in 90-day term as from the date, on which the police performed the arrest of the person, the Court shall immediately inform Eurojust about the delay and shall describe the reasons for it.

1. If the EAW is issued for a crime that is punished by life imprisonment or by a measure that requests life detention it shall be fulfilled by the Republic of Bulgaria only if the issuing state explicitly provides guarantees that its legislation envisages opportunities for: - Review of the imposed punishment or measure upon request of the person, or - Review of the imposed punishment or measure ex officio not later than 20 years; or - Reprieve 2. When the EAW is issued with regard to conducting of criminal proceedings against a Bulgarian citizen or a person with permanent residence in the Republic of Bulgaria, the transfer of this person shall be performed after the issuing state provides guarantees that after the person is heard on its territory he/she will be returned to the Republic of Bulgaria at its border check-point for enforcement of the imposed sentence deprivation of liberty or the measure, requiring detention. In these cases transfer of the convicted person is not performed and the costs for his/her return shall be paid by the issuing state.