Bulgaria

Extradition and European Arrest Warrant Act

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.

Keywords

Surrender
Request for arrest and surrender



EDIT.