'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Bulgaria - Penal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter two. FUNDAMENTAL PRINCIPLES

Art. 17 (2) No person may be detained for more than 24 hours without the permission of the court. The prosecutor may direct detainment of the accused till he/she is brought before the court.

(3) The respective body shall immediately notify a person, named by the detained, about the detainment.

(4) If the detained is a foreign citizen, the Ministry of Foreign Affairs shall be informed immediately about the detainment.

(5) The court, the prosecutor and the investigating bodies must release every person who has been unlawfully deprived of freedom.

BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter seven. ACCUSED

Section II. Restraining Measure and Other Measures of Procedural Compulsion

Art. 63. (4) The detention in custody in the pre-trial proceeding shall not last for more than one year, if the charge is for a major malicious crime and for more than two years, if the charge is for a crime for which a punishment of not less than fifteen years of imprisonment or life imprisonment is provided. In all the rest of the cases, the detention in custody in the pre-trial proceeding shall not last for more than two months.

BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter seven. ACCUSED

Section II. Restraining Measure and Other Measures of Procedural Compulsion


Art. 65. (3) The case shall be set down for hearing within three-days period following its receipt into the court and shall be heard in open session with the participation of the prosecutor, the accused and his/her defender. The case shall be tried in the absence of the accused, if he/she states that he/she does not want to appear or his/her bringing before the court is impossible for health reasons.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute