Measure Implementation

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

Transit of a person is an applicable measure according to the Bulgarian legislation in different situations. - Transit of a person surrendered on basis of EAW: The Minister of Justice receives transit requests and the accompanying documents and immediately transmits them to the Supreme Prosecution Office. The Supreme Prosecution Office permits the transit through the territory of the Republic of Bulgaria of a person who is surrendered for the enforcement of a custodial sentence or detention order, when the following information has been provided: the identity and nationality of the person, the EAW, the nature and legal classification of the offence, the circumstances under which the offence has been committed, including the date and place of commission. These rules do not apply in the case of transport by air without a scheduled stopover in the Republic of Bulgaria - in case an unscheduled landing occurs, the issuing Member State is obliged to provide the Minister of Justice with the above - mentioned information. - Transit of a person in cases of EIO: The Supreme Prosecution Office receives the applications for transit of persons in custody for temporary transfer for the purpose of carrying out an investigative measure and other procedural measures and the accompanying documents. The Supreme Prosecution Office grants transit of a person through the territory of the Republic of Bulgaria if the issuing State provides: a copy of the EIO, data on the person, information on the consent given by the person or the opinion in writing of the legal representative thereof regarding a transfer for the purpose of carrying out an investigative measure and other procedural measures with a view to gathering evidence, information about the officials escorting the person and an approved plan for implementation of the transfer. These provisions do not apply in the case of transport by air without a scheduled stopover in the Republic of Bulgaria - in the case of a scheduled or unscheduled stopover, the issuing State provides the aforesaid information to the Supreme Prosecution Office. - Transit of a person in cases of extradition: The transit of an extradited person through the territory of the Republic of Bulgaria is allowed by the Supreme Prosecution Office following submission of a request to this effect, provided that the extradition in respect of which the transit is requested is not inadmissible. The Republic of Bulgaria applies the CoE Convention on Extradition of 1957. - Transit of a person pursuant to art. 6 (8a) of the EU MLA Convention 2000: The Republic of Bulgaria applies the EU MLA Convention 2000. - Transit of a person pursuant to art. 11 (2) of the CoE European Convention on Mutual Assistance in Criminal Matters (1959): The Republic of Bulgaria applies the CoE European Convention on Mutual Assistance in Criminal Matters (1959). - Transit of a sentenced person – with regard to the transposed FD 2008/909/JHA on custodial sentences: The Minister of Justice or an official empowered thereby receives the transit requests and the accompanying documents and forthwith forwards the said requests and documents to the Supreme Prosecution Office. The Supreme Prosecution Office issues a warrant permitting the transit through the territory of the Republic of Bulgaria of a sentenced person who is being transferred to the executing State provided that the following information has been given: a transit request; a copy of the certificate; data for the sentenced person; an approved plan for surrender of the sentenced person; translation of the documents into the Bulgarian language. The Supreme Prosecution Office pronounces on the request by a warrant immediately but not later than seven days after the date of receipt of the said request. Pronouncement may be postponed until the translation has been transmitted by the Member State which submitted the transit request. A transit request is not required in the case of transport by air without a scheduled stopover. If an unscheduled landing occurs, the transferring State provides the aforesaid information to the Ministry of Justice within 72 hours. - Transit of a person in cases of application of the CoE Convention of 1983 on the transfer of convicted persons: The Republic of Bulgaria applies the above said Convention on the transfer of convicted persons.

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2002/584/JHA on EAWs FD 2008/909/JHA on custodial sentences Directive 2014/41/EU on EIOs EU MLA Convention 2000 CoE European Convention on Mutual Assistance in Criminal Matters (1959) CoE Convention of 1983 on the transfer of convicted persons CoE Convention on Extradition of 1957 Extradition and EAW Act Recognition, Enforcement and Forwarding of Judicial Instruments Imposing Custodial Sentences or Measures Involving Deprivation of Liberty Act EIO Act

Competent Authority

* receive the request/decision for judicial cooperation

Competent authorities in the Republic of Bulgaria to execute the measure are the Minister of Justice and the Supreme Prosecution Office – depending on the particular case, see above.

Accepted languages

Accepted languages for the request/decision

Transit of a person surrendered on basis of EAW - the Republic of Bulgaria accepts the requests and the other documents with a translation into the Bulgarian language. Transit of a person on basis of EIO - the Republic of Bulgaria accepts the EIOs and the other documents with a Bulgarian or English translation. Transit of a person in cases of extradition - the Republic of Bulgaria accepts the requests and the other documents with a translation into the Bulgarian language. In cases of application of the European Convention on Mutual Assistance in Criminal Matters from 1959 or the EU MLA Convention 2000 - the Republic of Bulgaria accepts the requests and the other documents accompanied by a translation Bulgarian language or one of the official languages of the Council of Europe. Transit of a sentenced person – with regard to the transposed FD 2008/909/JHA on custodial sentences - the Republic of Bulgaria accepts the requests and the other documents with a translation into the Bulgarian language - Transit of a person in cases of application of the CoE Convention of 1983 on the transfer of convicted persons - the Republic of Bulgaria accepts the requests and the other documents accompanied by a translation Bulgarian language or one of the official languages of the Council of Europe.

Execution deadline

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

A specific deadline is not envisaged except in cases of transit of a sentenced person with application of the transposed FD 2008/909/JHA on custodial sentences - the Supreme Prosecution Office pronounces on the request by a warrant immediately but not later than seven days after the date of receipt of the said request.

Concise legal practical information

Special requirements

- Transit of a person surrendered on basis of EAW: Where the person in respect of whom a European arrest warrant has been issued for the purposes of conducting a criminal prosecution is a Bulgarian national or permanently resides in the Republic of Bulgaria, the transit may be effected subject to the condition that after the criminal proceedings in the issuing State are completed by a custodial sentence or detention order, he/she will be returned to the Republic of Bulgaria to serve the said sentence or order. The provisions for the transit of a person surrendered on basis of EAW apply mutatis mutandis where the transit concerns a person extradited from a third State to a Member State of the European Union. The provisions also apply mutatis mutandis in cases concerning requests for a transit through the territory of another Member State of the European Union. - Transit of a person in cases of EIO: The competent authority that has issued an EIO for the temporary transfer of a person in custody for the purpose of carrying out an investigative measure and other procedural measures, is obliged to apply for transit through the territory of another Member State and, to this end, provides the due documents to that State. In such cases, this authority informs the executing State of the authorisation granted for the transit of the person.

Last reviewed on 27 March 2024 by EJN Secretariat

NEXT MEASURE

  • Other measures (G.1 – G.5)
  • G.1 Execution of a supervision measure (pre-trial)
next

Export this Judicial Cooperation Measure

File format