Bulgaria - Constitution (EN) 1991 (2015)

Chapter 2 Fundamental Rights and Duties of Citizens

Article 25

 (4) (amend., SG 18/05) No Bulgarian citizen may be surrendered to another state or to an international tribunal for the purposes of criminal prosecution, unless the opposite is provided for by international treaty that has been ratified, published and entered into force for the Republic of Bulgaria.

Chapter 2 Fundamental Rights and Duties of Citizens

Article 27

(1. ) Foreigners residing legally in the country shall not be expelled or extradited to another state against their will, except in accordance with the provisions and the procedures established by law.

Bulgaria - Criminal Procedure Code 2006 (2011) EN




Section 1 Transfer of Convicted Persons

Art. 453. (1) The transfer of persons convicted by a court of the Republic of Bulgaria, for serving the punishment in the state whose citizens they are, and the transfer of Bulgarian citizens convicted by a foreign court, for serving the punishment in the Republic of Bulgaria, shall be decided by the Chief Prosecutor under an agreement with the competent authority of the other state, in the presence of consent in writing from the convicted person.

(2) The decision for the transfer of the convicted person may also be made after the execution of the punishment has started.

Bulgaria - Extradition and European Arrest Warrant Act 2005 EN

Extradition and European Arrest Warrant ACT


Article 2

Extradition shall be the surrender, whenever a person is located in the territory of a state, of said person:

1. Against whom criminal proceedings have been instituted in another state or before an international court;

2. Who is wanted for carrying out a sentence to deprivation of liberty by the judicial authorities of another state or by an international court;

3. Where he/she has been imposed a detention order by the judicial authorities of another state or by an international court.

Extradition and European Arrest Warrant Act


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

Article 26

(1) In presence of a granted extradition the Supreme Prosecution Office of Cassation, with the assistance of the Interpol National Central Office, shall agree with the requesting state the date and location for surrender of the person.

(2) The person shall be surrenders in implementation of a decree issued by the Supreme Prosecution Office of Cassation, the authorities of the Ministry of Interior providing for his/her security and convoying.

(3) A record of proceedings shall be drafted upon surrender, where surrender and admittance of the person shall be specified, as well as the participating officials and other circumstances. The following shall be attached to the record of proceedings: the identity papers of the person, an inventory of his/her personal belongings, information about his/her health condition, as well as a statement concerning the duration of his/her detention in custody to the purpose of extradition.

(4) Where surrender has not taken place, the competent authorities of the two states shall agree on a new surrender date. Where the requested person has not been admitted on the new date, he/she shall be released following the expiry of 30 days thereafter.

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.

Article 28

(1) Where the extradited person absconds from prosecution or from service of the punishment imposed in the state to which he/she is extradited and returns in the territory of the Republic of Bulgaria, he/she may be extradited again.

(2) Repeated surrender shall be effected at the request of the interested state on the basis of the initial decision rendered. The repeated extradition of the person shall be carried out pursuant to Art. 26.

Article 29

(1) The transit of an extradited person through the territory of the Republic of Bulgaria shall be allowed by the Supreme Prosecution Office of Cassation following submission of a request to this effect in one of the ways specified in Art. 9, para 2, provided that the extradition in respect of which extradition is requested is not inadmissible in terms of Art. 7.

(2) The transit of a Bulgarian national shall be allowed in presence o the conditions required for granting extradition.

(3) Where air transportation is used:

1. If landing has been planned, the requesting state shall submit a request for transit prior to proceedings thereat;

2. In the event of unscheduled landing the requesting state shall, immediately after landing, present a request for transit.

(4) A request for transit under para 3 shall be sent pursuant to Art. 13, para 4 and shall have the effect of a request for provisional arrest.

(5) The provisions of this Article shall also apply mutatis mutandis where the competent Bulgarian authorities request transit through the territory of another state.

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.