Fiches Belges

The possibility for a transfer of proceedings from another state is regulated in Article 478 of the Bulgarian Criminal Procedure Code. The request for a transfer of proceedings from another Member State shall be accepted by the body of the criminal proceedings when several of the following grounds are present: 1. the offence, for which the request is made, is a criminal offence under the Bulgarian law; 2. the perpetrator is criminally liable under the Bulgarian law; 3. the perpetrator has permanent residence on the territory of the Republic of Bulgaria; 4. the perpetrator is a citizen of the Republic of Bulgaria; 5. the criminal offence, for which the request is made, is not considered a political offence or related to a political offence or a military criminal offence; 6. the request does not aim at prosecuting or punishing the person on account of his/her race, religion, citizenship, ethnic belonging, sex, civil status or political convictions; 7. a criminal proceeding has started against the perpetrator in the Republic of Bulgaria for the same or another criminal offence; 8. the transfer of proceeding is in the interest of the establishment of the truth and the most important evidence is located on the territory of the Republic of Bulgaria; 9. the execution of the verdict, if any, will improve the possibilities of the sentenced person for socialisation; 10. the personal presence of the perpetrator can be ensured in the proceeding in the Republic of Bulgaria; 11. the verdict, if any, can be executed in the Republic of Bulgaria; 12. the request does not contradict to the international obligations of the Republic of Bulgaria; 13. the request is not in contradiction to the main principles of the Bulgarian criminal and criminal-procedure law. Every procedural act performed by a body of the requesting state in accordance with its national legislation enjoys in the Republic of Bulgaria the same evidentiary force it would have enjoyed it if it had been made by a Bulgarian authority.

The Bulgarian Criminal Procedure Code European Convention on the Transfer of Proceedings in Criminal Matters

The request for the transfer of proceedings from another state is to be sent to: 1. The Supreme Cassation Prosecutor’s Office – for the pre-trial proceeding; 2. The Ministry of Justice – for the trial proceeding. These two authorities immediately forward the request for transfer of criminal proceedings from another Member State to the competent authority of the criminal proceeding in accordance with the provisions of the Bulgarian Criminal Procedure Code (Article 35 et seq.), and when the jurisdiction cannot be determined in accordance with the rules of the said code – to the Sofia courts.

The Republic of Bulgaria has made a Declaration under Article 18, Paragraph 2 of the Convention on the transfer of proceedings in criminal matters, which points out that the requests for transfer of criminal proceedings must be sent in one of the official languages of the Council of Europe or in Bulgarian.

The competent prosecutor must get acquainted with the request and the attached evidence and has up to 30 days to issue a decree - for the pre-trial proceeding.

Reciprocity principle could also be applicable.