Postponement of execution of ICC request


Bulgaria - Extradition and European Arrest Warrant Act 2005 EN

Extradition and European Arrest Warrant Act


Title I - Extradition at the request of another state

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.

Extradition and European Arrest Warrant Act


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

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.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95 Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.