Chapter 2 Fundamental Rights and Duties of Citizens

Article 30

(2. ) No one shall be detained or subjected to inspection, search or any other infringement of his personal inviolability except on the conditions and in a manner established by law.

Chapter 2 Fundamental Rights and Duties of Citizens

Article 30

(3. ) The state authorities shall be free to detain citizens only in the urgent circumstances expressly stipulated by law, and shall immediately advise the judicial authorities accordingly. The judicial authorities shall rule on the legality of a detention within the next 24 hours.

Chapter 2 Fundamental Rights and Duties of Citizens

Article 31

(5. ) Prisoners shall be kept in conditions conducive to the exercise of those of their fundamental rights which are not restricted by virtue of their sentence.

(6. ) Prison sentences shall be served only at the facilities established by law.

Special Part

Chapter 2 Crimes against the Person

Section 4 Kidnapping and Unlawful Imprisonment

Article 142a

(1) (Amended, SG No. 62/1997, SG No. 26/2010) A person who unlawfully deprives another of liberty shall be punished by imprisonment for up to six years.

(2) (Amended, SG No. 62/1997, SG No. 26/2010) Where the act has been committed by an official or by a representative of the public, in violation of his duties or functions, or a person under Article 142, paragraph (2), subparagraphs 6 and 8, the punishment shall be imprisonment for two to eight years.

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.