Rights during investigation - legal assistance

Bulgaria

Bulgaria - Constitution (EN) 1991 (2015)

Chapter 2 Fundamental Rights and Duties of Citizens

Article 30

(4. ) Everyone shall be entitled to legal counsel from the moment of detention or from the moment of being charged.

Chapter 2 Fundamental Rights and Duties of Citizens

Article 56

Everyone shall have the right to legal defence whenever his rights or legitimate interests are violated or endangered. He shall have the right to be accompanied by legal counsel when appearing before an agency of the state.

Chapter 6 The Judiciary

Article 122

(1) Citizens and legal entities shall have the right to legal counsel at all stages of a trial.

(2) The procedure by which the right to legal counsel shall be practices shall be established by law

Bulgaria - Extradition and European Arrest Warrant Act 2005 EN

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 13
...
(6) Within the period under para 5 the District Prosecutor shall appoint a defence counsel and an interpreter to the person where he/she has no command of the Bulgarian language and shall lodge an application for his/her provisional arrest with the respective District Court.

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 14

(4) Within the period under para 2 the District Prosecutor shall:
1. Provide the requested person with a defence counsel, where the latter has none, and an interpreter if he/she has no command of the Bulgarian language;

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 15

(2) The prosecutor shall ensure the appearance of the requested person. The participation of a defence counsel and an interpreter in the court hearing shall be mandatory.

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 17

(2) The court shall appoint a defence counsel to the requested person and an interpreter where he/she has no command of the Bulgarian language and shall explain his/her right to consent to immediate extradition and the implications thereof.

Rome Statute

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and