'Reduction of national sentence following pre-trial detention - national proceedings' in document 'Bulgaria - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter One - OBJECTIVE AND SCOPE OF APPLICATION OF THE CRIMINAL CODE

Section II - Scope of application of the Criminal Code

Article 7

In the cases of Articles 4 and 5 the pre-trial detention and the punishment served abroad shall be deducted. Where the two punishments are different in kind, the punishment served abroad shall be taken into consideration in determining the punishment by the court.

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Five - METING OUT OF PUNISHMENTS

Article 59
(Last amendment, SG No. 27/2009)

(1) (Last amendment, SG No. 27/2009) The period of time during which the convicted person has been under detention or placed under house arrest is deducted on fulfillment of his imprisonment or probation as follows:

1. one day of detention is considered as one day of imprisonment or three days of probation;

2. two days of house arrest are considered as one day of imprisonment or two days of probation.

(2) (New, SG No. 27/2009) A detention under the procedure set by the Criminal Procedure Code, The Ministry of Interior Act or another act, which is related to the crime for which the individual is convicted or arrested for non-fulfillment of the penalty is considered detention under para.1 as well as the imprisonment.

(3) (Former Paragraph 2 – Amendment, SG No. 27/2009) The provision of the preceding paragraph shall also be applied where the convict has been detained under charges for another crime, the proceedings for which were terminated or ended by sentence of acquittal, if the provision of Article 23, paragraph (1) may be applied with respect to the acts.

(4) (Former Paragraph 3 – Amendment, SG No. 27/2009) In serving of punishment by deprivation of liberty under Article 37, para 1, items 6 and 7 (1), deducted shall be the time during which the convict has been deprived of the possibility to exercise such rights by administrative order.