Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 9

(1) A request for extradition shall be filed by a competent authority of the requesting state in writing with the Ministry of Justice of the Republic of Bulgaria.

(2) A request for extradition can also be sent through the diplomatic channel, the International Criminal Police Organisation (Interpol) or in another way in respect of which arrangement could be made between the requesting state and the Republic of Bulgaria.

(3) The following shall be attached to the request for extradition:

1. The original or an authenticated copy of the conviction and sentence, the act of arraignment or detention order or of warrant of arrest or other document having the same effect and issued in accordance with the procedure laid down in the law of the requesting state;

2. A statement of the offence for which extradition is requested, of the time and place of its commission, its legal description, of the amount of damages, where damages have been caused, and a copy of the applicable legal provisions, including those on prescription;

3. Information about the requested person accompanied by other information allowing to establish his/her identity and nationality;

4. Information about the punishment remaining to be served, where the extradition of a sentenced person is requested;

5. Documents, evidencing assurance under Art. 7, item 8 and Art. 8, item 4.

(4) The request and the documents attached to it shall be drafted in the language of the requesting state, a translation into the Bulgarian language being also attached, unless otherwise provided for in an international treaty.

Article 10

(1) The Minister of Justice or an official authorised by him/her shall review the request and the documents attached to it.

(2) Where the request and documents attached to it fall short of the requirements under Art. 9 the Minister of Justice or an official authorised by him/her shall return them to the requesting state, stating the underlying reasons.

Article 11

Where extradition of one and the same person has been requested by two or more states in respect of one and the same or of different criminal offences, the Minister of Justice shall forthwith notify the competent authorities of the requesting states of the existence of concurrent requests for extradition.

Article 12

(1) Following a review under Art. 10, the Minister of Justice shall immediately forward the request for extradition and the documents attached to it or the request for provisional arrest to the Supreme Prosecution Office of Cassation.

(2) In presence of concurrent requests for extradition the Supreme Prosecution Office of Cassation shall agree on their sequence with the Ministry of Justice.

Article 13

(1) In cases of urgency the competent authorities of the requesting state may request from the Ministry of Justice or the Supreme Prosecution Office of Cassation the provisional arrest of the person sought, prior to submitting a request for extradition.

(2) A request for provisional arrest shall specify the existence of an act of detention, arraignment or of a conviction and the intention of the requesting state to file a request for extradition. The request should contain information about the criminal offence in respect of which extradition will be requested, and when and where such offence was committed, as well as a description of the person sought.

(3) Where the request for provisional arrest was filed by a state with which the Republic of Bulgaria has no extradition agreement, the Minister of Justice shall notify the Supreme Prosecution Office of Cassation of the existence of reciprocity.

(4) A request for provisional arrest may be sent by mail, telegraph, telex, fax, through the diplomatic channel, the International Criminal Police Organisation (Interpol) or in another way, allowing the production of a written record as evidence of its receipt and content.

(5) Once the person has been located in the territory of the Republic of Bulgaria and his/her identity has been ascertained, the Supreme Prosecution Office of Cassation shall detain him/her for a period of up to 72 hours and forward the request for provisional arrest together with all documents to the District Prosecutor in whose are the person is located.

(6) Within the period under para 5 the District Prosecutor shall appoint a defence counsel and an interpreter to the person where he/she has no command of the Bulgarian language and shall lodge an application for his/her provisional arrest with the respective District Court.

(7) The District Court shall review the application in pursuance of Art. 152a, paras 5 and 8 of the Criminal Procedure Code and shall pronounce a ruling whereby it shall apply a measure of provisional arrest or another measure of procedural coercion which will ensure the participation of the person in extradition proceedings. The measure of provisional arrest shall be taken for up to 40 days or another period, as provided for in an international treaty to which the Republic of Bulgaria is a party.

(8) A ruling under para 7 may be appealed and protested before the respective Appellate Court within three days.

(9) The Supreme Prosecution Office of Cassation shall forthwith notify the Minister of Justice and the requesting state of the measure applied.

(10) At the requested of the arrested person under the period specified in para 7 the District Court may modify provisional arrest into another measure of procedural coercion which can ensure the participation of the person in extradition proceedings, acting in pursuance of Art. 152b of the Criminal Procedure Code. The ruling of the District Court may be appealed and protested before the respective Appellate Court within three days.

(11) The prosecutor shall rescind the measure of provisional arrest where within the period of provisional arrest specified by the court the Republic of Bulgaria does not receive a request for extradition and the documents under Art. 9, para 3.

(12) Release of the person shall not be an obstacle to his/her further arrest to the purpose of extradition or to the extradition itself, where the request for extradition is received after expiry of the period under para 7.

Article 14

(1) Following receipt of the request under Art. 9, the Supreme Prosecution Office of Cassation shall open a file for the case. In presence of concurrent requests they shall be joined in one file.

(2) The Supreme Prosecution Office of Cassation shall detain the person for a period of up to 72 hours, including where the period of provisional arrest specified by the court pursuant to Art. 13, para 7 has expired or another measure has been applied to ensure the participation of said person in extradition proceedings.

(3) The file, together with mandatory instructions shall be forwarded to the respective District Prosecution in whose area the requested person is located.

(4) Within the period under para 2 the District Prosecutor shall:

1. Provide the requested person with a defence counsel, where the latter has none, and an interpreter if he/she has no command of the Bulgarian language;

2. Present the person and his/her defence counsel with all documents contained in the file and take written explanations from the person;

3. Explain the person his/her right to give consent for his/her immediate extradition before the court ;

4. Lodge an application with the respective court for the imposition of remand in custody in respect of the requested person until completion of extradition proceedings;

5. Submit the file for examination by the respective District Court

Article 15

(1) In cases under Art. 14, para 4, item 4 the District Court shall immediately hear the request for imposition of a measure of remand in custody in pursuance of Art. 152a, paras 5 and 8 of the Criminal Procedure Code.

(2) The prosecutor shall ensure the appearance of the requested person. The participation of a defence counsel and an interpreter in the court hearing shall be mandatory.

(3) The ruling of the District Court may be appealed and protested within three days before the respective Appellate Court.

Article 16

(1) After receiving the file in relation to the request for extradition the District Court shall institute judicial proceedings and schedule a court hearing no later than 7 days of receiving said file.

(2) The judge-rapporteur shall dispose of the proceedings in cases falling under Art. 6.

(3) With a holding whereby the case is scheduled for hearing, the judge-rapporteur shall rule on the detention of the person.

Article 17

(1) A request for extradition shall be examined at an open hearing of the court, sitting in a panel of three judges with attendance of a prosecutor.

(2) The court shall appoint a defence counsel to the requested person and an interpreter where he/she has no command of the Bulgarian language and shall explain his/her right to consent to immediate extradition and the implications thereof.

(3) The court may obtain additional information from the requesting state, specifying a period in which it must be received.

(4) At the court hearing the court shall hear the prosecutor, the requested person and his/her defence counsel.

(5) The court shall deliberate on:

1. The presence of conditions under Art. 5 and 6 and whether there are grounds for refusal of extradition under Art. 7 and 8;

2. The existence of grounds for postponement of extradition or for temporary extradition.

(6) In the presence of concurrent requests for the extradition of one and the same person in respect of the same of different offences the court shall also deliberate where the crimes were committed, on the nationality of the requested person, the seriousness of the committed offences, the sequence in their commission and the possibility of a subsequent extradition to another requesting state, the dates on which the requests were received and the presence of reciprocity. Where one of the requests has been filed by an international criminal court, it shall take precedence over the others.

(7) The court shall issue a decision whereby extradition is granted or refused, announcing it immediately after the hearing under para 4.

(8) In the decision the court shall also rule on handing over to the requesting state any documents, papers and effects found with the person and relating to the act. These shall also be handed over when the person has died or absconded.

Article 18

(1) By virtue of the decision granting extradition the court may postpone the actual surrender of the requested person where criminal proceedings are pending in respect of him/her in the Republic of Bulgaria or a sentence has entered into force that is subject to enforcement, in respect of an offence, which is different from the one for which extradition has been requested.

(2) Where a postponement under para 1 may result in the expiry of the prescription period for prosecution in the requesting state or could seriously obstruct prosecution, the court may grant temporary extradition, provided the person is returned to the Republic of Bulgaria immediately after action in respect of which temporary extradition was granted has been taken.

Article 19

(1) Where at the court hearing the requested person gives consent to immediate extradition, the court shall ask of him/her whether he/she gives consent voluntarily and understands the implications thereof.

(2) Once the court is satisfied that consent has been voluntarily given, the latter shall be put down in the record of proceedings and signed by the person and his/her defence counsel.

(3) Where there is no ground under Art. 7 for refusal of extradition, the court shall issue a decision for immediate extradition within 24 hours. Said decision shall be final.

(4) An authenticated copy of the decision under para 3 shall be sent within 24 hours to the Minister of Justice for the purposes of notifying the requesting state and the Supreme Prosecution Office of Cassation, which shall have to issue a decree for the execution of extradition.

Article 20

(1) The decision of the District Court shall be subject to review by the Appellate Court following an appeal of the person and his/her counsel or a protest of the prosecutor filed within 7 days of notification thereof.

(2) The appeal or protest shall be examined within 10 days of their submission to court in pursuance of Art. 17.

(3) The decision of the Appellate Court shall be final.

(4) An authenticated copy of the decision of the Appellate Court shall be sent within 24 hours to the Minister of Justice for notification of the requesting state and to the Supreme Prosecution Office of Cassation which shall have to issue a decree for the execution of extradition.

Article 21

(1) In the event of refusal to extradite the Minister of Justice shall notify the requesting state.

(2) Where the act is triable before a Bulgarian court, the materials shall be made available to the respective prosecutor for the purposes of prosecution, where grounds exist to this effect.

(3) A refusal to extradite a foreign national against whom charges have been pressed or who has been convicted in another state shall not be an obstacle to prosecution within the Republic of Bulgaria where grounds exist to this effect.

Article 22
The provisions of this title shall also apply where extradition is requested by an international court.

Extradition and European Arrest Warrant Act

Chapter four - EFFECT OF GRANTED EXTRADITION

Title I - Obligations of the Republic of Bulgaria in the capacity of requested state

Article 26

(1) In presence of a granted extradition the Supreme Prosecution Office of Cassation, with the assistance of the Interpol National Central Office, shall agree with the requesting state the date and location for surrender of the person.

(2) The person shall be surrenders in implementation of a decree issued by the Supreme Prosecution Office of Cassation, the authorities of the Ministry of Interior providing for his/her security and convoying.

(3) A record of proceedings shall be drafted upon surrender, where surrender and admittance of the person shall be specified, as well as the participating officials and other circumstances. The following shall be attached to the record of proceedings: the identity papers of the person, an inventory of his/her personal belongings, information about his/her health condition, as well as a statement concerning the duration of his/her detention in custody to the purpose of extradition.

(4) Where surrender has not taken place, the competent authorities of the two states shall agree on a new surrender date. Where the requested person has not been admitted on the new date, he/she shall be released following the expiry of 30 days thereafter.

Article 27

In cases under Art. 18, para 1 surrender shall be effected after termination of criminal proceedings against the person, following completion of proceedings by acquittal or once the person has served his/her punishment to deprivation of liberty.

Article 28

(1) Where the extradited person absconds from prosecution or from service of the punishment imposed in the state to which he/she is extradited and returns in the territory of the Republic of Bulgaria, he/she may be extradited again.

(2) Repeated surrender shall be effected at the request of the interested state on the basis of the initial decision rendered. The repeated extradition of the person shall be carried out pursuant to Art. 26.

Article 29

(1) The transit of an extradited person through the territory of the Republic of Bulgaria shall be allowed by the Supreme Prosecution Office of Cassation following submission of a request to this effect in one of the ways specified in Art. 9, para 2, provided that the extradition in respect of which extradition is requested is not inadmissible in terms of Art. 7.

(2) The transit of a Bulgarian national shall be allowed in presence o the conditions required for granting extradition.

(3) Where air transportation is used:

1. If landing has been planned, the requesting state shall submit a request for transit prior to proceedings thereat;

2. In the event of unscheduled landing the requesting state shall, immediately after landing, present a request for transit.

(4) A request for transit under para 3 shall be sent pursuant to Art. 13, para 4 and shall have the effect of a request for provisional arrest.

(5) The provisions of this Article shall also apply mutatis mutandis where the competent Bulgarian authorities request transit through the territory of another state.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the
custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.