Fiches Belges

In the Bulgarian national legislation, FD 2005/214/JHA on financial penalties was introduced by the Law on recognition, enforcement, and transmission of confiscation or confiscation orders and decisions imposing financial penalties. For legal proceedings to be initiated, it is necessary to send the competent Bulgarian court a certificate and the decision to impose a financial penalty and a true copy of it.

FD 2005/214/JHA on financial penalties Law on recognition, enforcement, and transmission of confiscation or confiscation orders and decisions imposing financial penalties

The competent authorities with regard to the recognition of decisions on the enforcement of financial penalties shall be the district courts and Sofia City Court. With regard to compulsory enforcement, the competent authority shall be the National Revenue Agency. The certificate, together with the decision on the enforcement of financial penalties, should be sent to the district court at the person's place of domicile or habitual residence – in the case of legal persons, it should be sent to the district court at the place of the seat, administrative address or address used for correspondence on the territory of the Republic of Bulgaria. In cases where the person's domicile or habitual residence, or, in the case of legal persons, the seat, administrative address, or address used for correspondence on the territory of the Republic of Bulgaria is not indicated on the certificate, the decision on the enforcement of financial penalties shall be recognized by the district court at the address of the property indicated on the certificate or at the place of the source of the person concerned's income. If two or more decisions on the enforcement of financial penalties issued in connection with one and the same person or property are sent to two different courts for recognition at the same time, the court competent to pronounce on all decisions shall be the court that first initiated proceedings. If the person's place of domicile or habitual residence – or, in the case of legal persons, the seat, administrative address, or address used for correspondence on the territory of the Republic of Bulgaria – cannot be established, the competent court for examining the decision shall be Sofia City Court. The central authority in the Republic of Bulgaria – in cases where direct contact between the competent authorities is not possible, the authority responsible for the administrative transmission and receipt of decisions on the enforcement of financial penalties in the Republic of Bulgaria, shall be the Ministry of Justice.

The Republic of Bulgaria has declared that the certificate must be accompanied by a translation into Bulgarian.

The competent court shall immediately initiate proceedings and schedule the case within 7 days of receipt of the decision imposing the financial penalty and the certificate. The court hears the case in an open hearing with a hearing of the person concerned and the public prosecutor and announces its decision without delay. Decisions of the district courts of the first instance are subject to appeal. The Bulgarian law does not provide time limits for the conclusion of the case. Practice shows that these proceedings usually end within two to four months.

The court may refuse to recognize and enforce a decision imposing financial penalties if it finds that: 1. the certificate has not been presented, is incomplete, or does not correspond to the decision; 2. against the sentenced person for the same act in the Republic of Bulgaria or in another State other than the issuing or executing person has been given and enforced a decision imposing financial penalties; 3. enforcement of the decision is time-barred under Bulgarian law and the decision relates to an act under the jurisdiction of a Bulgarian court; 4. there is immunity or privilege under Bulgarian law which render the enforcement of the decision inadmissible; 5. the decision concerns acts which: a) under the Bulgarian legislation shall be deemed to have been carried out in whole or in part on the territory of the Republic of Bulgaria, or they have been committed outside the territory of the issuing State and the Bulgarian legislation does not allow criminal proceedings in respect of such acts; 6. the financial penalty imposed is less than EUR 70 or the equivalent of that amount; 7. the decision relates to an act that does not constitute a crime or an administrative offense under Bulgarian law; 8. the decision has been issued against a natural person who under Bulgarian law, due to his age, is not criminally liable and is not subject to criminal prosecution for the acts which justify the decision; 9. according to the certificate, in the case of written proceedings and following the law of the issuing State, the person concerned has not been informed personally or through an authorized representative of his or her right and the time limit for appealing the decision; 10. According to the certificate, the person concerned did not appear in person at the trial resulting in the decision, unless the certificate explicitly contains information on compliance with one of the following conditions under the law of the issuing State: a) the person has been summoned in person and has thus been informed in due time of the scheduled date and place of the trial or has been formally informed of this by other means, undeniably proving the notification of the scheduled trial, as well as of the possibility of making a decision if he/she does not appear; b) after having been informed in due time of the scheduled trial, the person has authorized a defense counsel or has been appointed to him by the court and such protection has been provided; c) after the decision has been served in person and the person has been expressly informed of the right to appeal or to re-examine the case with his/her involvement, in which the case may be reviewed as to the substance of the case with the submission of new evidence and the possibility of revoking the original act, he has explicitly stated that he does not contest the decision or has not requested a retrial or appeal within the prescribed time limit; 11. According to the certificate, the person concerned has not appeared in person unless it is stated that the person has expressly waived his or her right to an oral hearing and has explicitly stated that he will not contest the decision after having been duly informed about the proceedings and the possibility to appear in person at the trial.