BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirty six. PROCEDURES IN CONNECTION WITH INTERNATIONAL COOPERATION ON PENAL CASES

Section 1 Transfer of Convicted Persons

Art. 453. (1) The transfer of persons convicted by a court of the Republic of Bulgaria, for serving the punishment in the state whose citizens they are, and the transfer of Bulgarian citizens convicted by a foreign court, for serving the punishment in the Republic of Bulgaria, shall be decided by the Chief Prosecutor under an agreement with the competent authority of the other state, in the presence of consent in writing from the convicted person.

(2) The decision for the transfer of the convicted person may also be made after the execution of the punishment has started.

Art. 454. (1) The consent of a Bulgarian citizen convicted by a foreign court or of a foreign citizen convicted by a Bulgarian court shall not be required for the transfer when:

1. the sentence or the subsequent administrative decision of the state, which has convicted the person, includes an order for expulsion (deportation) or another act under which the person, after his/her release from the place of imprisonment, cannot stay in the territory of the state, which has convicted him/her;

2. before serving the sentence, the convicted person has fled from the state, which has convicted him/her, to the territory of the state whose citizen he/she is.

(2) In the cases under Para 1, item 1, before enacting the decision for transfer, the opinion of the convicted person shall be taken into consideration.

Art. 455. The place, time and procedure for transmitting and receiving the convicted person shall be determined by agreement between the chief prosecutor and the competent authority of the other state .

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirty six. PROCEDURES IN CONNECTION WITH INTERNATIONAL COOPERATION ON PENAL CASES

Section 1 Transfer of Convicted Persons

Art. 456. (1) When there are data that the person convicted by a Bulgarian court is in the territory of the state whose citizen he/she is, the chief prosecutor may address a request to the foreign authorities for detaining the person for whom a request will be done for accepting the execution of the sentence, while informing that there is an effective sentence with regard of this person.

(2) In the event of a submitted request for detaining a Bulgarian citizen by another state, Art. 64 and Art. 68 shall be applied respectively.

Part 2 Evidencing

Chapter 17 Investigation

Section 1 Institution of Pre-trial procedure and Conduction of Investigation

Article 219

(1) Where enough evidence of the guiltiness of a concrete person in commitment of a crime of general nature is gathered, and any of the grounds for discontinuation of the penal procedure do not appear, the body of investigation shall report before the prosecutor and shall involve the person as defendant by drawing up the relevant decree.

(2) (amend. - SG 32/10, in force from 28.05.2010) The body of investigation may also involve the person as defendant together with the execution of the protocol of the first action of investigation against him/her, which shall be reported to the prosecutor.

(3) the decree involving the defendant and the record of the actions under Para. 2 shall contain:
the date and the place of its issuance;the issuing body;the three names of the person, who is involved as defendant, the deed for which he/she is involved, and the legal qualification;the evidence on which the involving is grounded, if this will not confuse the investigation;measure of compulsion, if such is taken;his/her rights under Art. 55, including his/her right to refuse and give explanations, as well as his/her right of defender under authorization or under appointment.

(4) The body of investigation shall submit the decree of involving to the defendant and to his/her defender, and shall give them opportunity to become acquainted with the complete contents of it, and in case of necessity shall give additional clarifications.

(5) (amend. - SG 32/10, in force from 28.05.2010) In addition to the circumstances under Art. 179, Para. 1 the writ of summons shall contain also the concrete acts, for which the person is summoned, his right to appear accompanied by defender and the possibility a defender to be assigned in the cases of Art. 94, Para. 1, as well as the possibility for forced appearance in cases of unreasoned failure to appear.

(6) (amend. - SG 32/10, in force from 28.05.2010) Where the defendant has been validly summoned and fails to appear without good reasons, he shall be brought forcefully under the provision of Art. 71, Para. 3 – 7.

(7) (new – SG 32/10, in force from 28.05.2010) Where the defendant appears without authorised defender or is brought forcefully, the investigating authority shall carry out the acts, for which the defendant is summoned appointing a defender for him in the cases under Art. 94, Para. 1.

(8) (prev. text of Para. 07, amend. - SG 32/10, in force from 28.05.2010) The body of investigation may not perform actions of investigation with the participation of the defendant, before he fulfils its obligations under Para. 1 – 7.