State privileges and immunities

Bulgaria

Bulgaria - Criminal Code 1968 (2010) EN

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 3

(1) The Criminal Code shall apply to all crimes committed on the territory of the Republic of Bulgaria.

(2) The issue of liability of foreign citizens who enjoy immunity with respect to the
penal jurisdiction of the Republic of Bulgaria shall be decided in compliance with the
norms of international law adopted thereby.

Bulgaria - Criminal Procedure Code 2006 (2011) EN

BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter one. TASKS AND LIMITS OF EFFECT

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Art. 5. With regard to persons enjoying immunity concerning the criminal jurisdiction of the Republic of
Bulgaria, the proceedings provided for in this Code shall be performed in accordance with the regulations of international law.

BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter three. INSTITUTION, DISCONTINUATION AND SUSPENSION OF THE PENAL PROCEEDINGS

Art. 25. The penal procedure shall be suspended:

3. the perpetrator is a person enjoying immunity.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter fourteen. METHODS OF EVIDENCING

Section V. Search and Seizure

Art. 162 (5) Search and seizure in premises of foreign representations of international organisations and in houses of their employees, which enjoy immunity with regard to the criminal jurisdiction of the Republic of Bulgaria shall be conducted with the consent of the chief of the representation office and in the presence of a representative of the Ministry of Foreign Affairs.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter seventeen. INVESTIGAITON

Section I.

Art. 220. (1) A person enjoying immunity shall not be involved. The penal tracing of this person for the same crime shall be initiated after the immunity is deprived, except other obstacles for this appear.

(2) Where the accused acquires immunity, the penal procedure shall be suspended, and the taken measures of procedural compulsion with regard of the person shall be cancelled. In this case the procedure may continue with regard of the rest of the accused persons, of this shall not establish an obstacle to detect the objective truth.

Bulgaria - Extradition and European Arrest Warrant Act 2005 EN

Extradition and European Arrest Warrant ACT

Chapter two - CONDITIONS FOR EXTRADITION. GROUNDS FOR REFUSAL OF EXTRADITION

Article 6 - (1) The extradition of the following persons shall not be granted:

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3. Foreign nationals enjoying immunity from the criminal jurisdiction of the Republic of Bulgaria;

Rome Statute

Article 27 Irrelevance of official capacity

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.