Bulgaria - Criminal Procedure Code 2006 (2011) EN

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.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court


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

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.