Chapter 4 Punishment

Section 2 Kinds of Punishments

Article 58a

(New, SG No. 27/2009, amended, SG No. 26 /2010)
(1) In case the court delivers a convicting sentence in the cases under Article 373, paragraph 2 of the Criminal Procedure Code, the court shall determine the punishment imprisonment guided by the provisions of the General Part of this Code and shall reduce the thus determined punishment by one third.

(2) In the cases under Article 57, paragraph 1 when the court determines as the most appropriate type of punishment life imprisonment without a chance of commuting, it shall not impose it and the punishment life imrprisonment shall be replaced with imprisonment from twenty to thirty years.

(3) The court shall determine the length of the punishment deprivation of liberty within the limits of the lowest minimum length and the highest maximum length of the punishment imprisonment determined in line with the conditions under paragraph 2 and the punishment imprisonment foreseen in the Special Part of this Code.

(4) In cases when simultaneously the conditions under paragraph 1 - 3 and the conditions under Article 55 are present, the court shall apply only Article 55, if it is more favourable for the perpetrator.

(5) The rules under paragraph 1 - 4 shall not apply for the punishments foreseen in the Special Part of this Code under Article 37, paragraph 1, sub-paragraph 2 - 11

Part 7 Special Procedures

Chapter 36 Procedures in Connection with International Cooperation in Penal Cases

Section 1 Transfer of Convicted Persons

Article 467

Detention in custody

(1) For ensuring the execution of the punishment imposed with the verdict of the foreign court, the competent court under Art. 465, Para. 2, may at any time after the institution of the procedure for recognition and execution of the verdict of the foreign court until the entering in effect of the decision take detention in custody of the convicted person who is in the territory of the Republic of Bulgaria.

(2) The determination whereby the measure detention in custody is taken shall be appealed under the general procedure.

Part 7 Special Procedures

Chapter 36 Procedures in Connection with International Cooperation in Penal Cases

Section 1 Transfer of Convicted Persons

Execution procedure

Article 468

(1) Competent to enact execution of the decision whereby a verdict of a foreign court has been recognised, is the district court at the place of residence of the convicted person, and when he/she does not have a place of residence in the country – the Sofia City Court.

(2) The court under Para. 1 shall be competent to enact also the execution of the decision on the rights to seized and confiscated property.

(3) The court under Para. 1 shall be competent on all issues related to the execution procedure, including the consideration of a request for rehabilitation as regards the imprisonment punishment imposed with the verdict of the foreign court.

(4) The court shall decide the issue of the term of serving the imprisonment punishment, where the time of the detention in custody and the imprisonment punishment served in the other country shall be deducted.

(5) The court shall terminate the procedure of execution of the imprisonment punishment under the recognised verdict when the state whose court has enacted it informs about amnesty, pardon or another reason for which the further execution of the verdict is unallowable. If under the amnesty, pardon or another reason the imposed punishment is reduced, the court shall decide what part of the verdict should be served. The court decision shall be subject to appeal under the general procedure.

(6) The provisions of this code for execution of punishments shall also be applied to the execution of the decision whereby a verdict of a foreign court has been recognised.