Consent to surrender


Bulgaria - Criminal Procedure Code 2006 (2011) EN




Section 1 Transfer of Convicted Persons

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 - Extradition and European Arrest Warrant Act 2005 EN

Extradition and European Arrest Warrant Act


Title I - Extradition at the request of another state

Article 14

(4) Within the period under para 2 the District Prosecutor shall:

3. Explain the person his/her right to give consent for his/her immediate extradition before the court;

Extradition and European Arrest Warrant Act


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.

Extradition and European Arrest Warrant Act


Title I - Extradition at the request of another state

Article 19

(1) Where at the court hearing the requested person gives consent to immediate extradition, the court shall ask of him/her whether he/she gives consent voluntarily and understands the implications thereof.

(2) Once the court is satisfied that consent has been voluntarily given, the latter shall be put down in the record of proceedings and signed by the person and his/her defence counsel.

(3) Where there is no ground under Art. 7 for refusal of extradition, the court shall issue a decision for immediate extradition within 24 hours. Said decision shall be final.

(4) An authenticated copy of the decision under para 3 shall be sent within 24 hours to the Minister of Justice for the purposes of notifying the requesting state and the Supreme Prosecution Office of Cassation, which shall have to issue a decree for the execution of extradition.

Rome Statute

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.