Measure Implementation

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

The Republic of Bulgaria has implemented in its domestic law 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 the purpose of their enforcement in the European Union. Accordingly – the measure is applicable to the Bulgarian judicial authorities. Bulgarian law requires that the Certificate be accompanied by a certified copy of the judgment by which the probation measure was imposed.

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2008/947/JHA on probation measures and alternative sanctions Law on Recognition, Enforcement, and Sending of Judgments and Probation Decisions with regard to the supervision over probation measures and alternative sanctions

Competent Authority

* receive the request/decision for judicial cooperation

Competent authorities in the Republic of Bulgaria to recognize decisions imposing probation issued in another Member State of the European Union are the district courts of the person's domicile. Where the domicile of the convicted person in the Republic of Bulgaria is unknown or if the convicted person does not live in the country, the competent court to recognise the decision is the Sofia City Court.

Accepted languages

Accepted languages for the request/decision

The Republic of Bulgaria has declared that it accepts the certificate pursuant to Article 6(1) of the Framework Decision with the translation into the Bulgarian language.

Execution deadline

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

A hearing shall be scheduled within 7 days of receipt of the certificate in the competent court. The Court shall give its decision without delay. This decision may be subject to appellate review. The proceedings should be completed within 60 days.

Concise legal practical information

Special requirements

The court may refuse to recognize a judgment or decision and may refuse to exercise supervision of probation measures or alternative sanctions where: 1. the certificate has not been submitted, is incomplete or manifestly does not correspond to the judgment or decision and has not been submitted, completed, or corrected within a reasonable period set by the Bulgarian court; 2. the sentenced person does not have a lawful residence within the territory of the country and does not want to return thereto; 3. an exceptional case under Article 14 (4) herein does not apply even if the grounds provided for in this hypothetical formally apply; 4. the judgment or decision forwarded relates to measures or sanctions which the Republic of Bulgaria has not declared that it is prepared to exercise supervision; 5. recognition of the judgment or decision and exercising supervision of the probation measures or alternative sanctions would be contrary to the principle of ne bis in idem; 6. the judgment relates to acts that do not constitute an offense under Bulgarian law, with the exception of those specified in Article 14 (2) herein; 7. enforcement of the sentence imposed by the judgment is statute-barred according to Bulgarian law and the act falls within the competence of a Bulgarian court; 8. the sentenced person enjoys immunity under Bulgarian law, which makes it impossible to supervise probation measures or alternative sanctions; 9. under Bulgarian law, the sentenced person cannot, owing to his or her age, be held criminally liable for the acts in respect of which the judgment was issued; 10. according to the certificate, the sentenced person did not appear in person at the trial which resulted in the judgment or decision, unless the certificate expressly contains information on compliance with one of the following conditions conforming to the law of the issuing State: (a) the person was summoned personally and was thereby notified in due time of the scheduled date and place of the trial or received, by other means, official information of the scheduled date and place of the trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, as well as that the person was informed that a judgment or decision may be handed down if he or she does not appear for the trial; (b) having been notified in due time of the scheduled trial, the person had given a mandate to a defense counsel or such counsel has been assigned thereto by the court and the person was indeed provided with such defense; (c) after being personally served with the judgment or decision and being expressly informed about the right thereto to an appeal or to a retrial in which the person has the right to participate personally, whereupon the merits of the case may be re-examined, including fresh evidence, and which may lead to the original act being reversed, the person expressly stated that he or she does not contest the judgment or decision or did not request a retrial or appeal within the applicable time frame; 11. the judgment or decision provides for medical or therapeutic treatment which the Republic of Bulgaria is unable to supervise in view of the effective Bulgarian legal system; 12. the probation measure or alternative sanction is of less than six months' duration; 13. the judgment relates to a criminal offense that under Bulgarian law is regarded as having been committed wholly or for a major part within the territory of the Republic of Bulgaria.

Last reviewed on 21 September 2022 by EJN Secretariat

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