Republic of Bulgaria national procedures for transfer of sentenced persons Updated 28/04/2015

Similar documents
POLAND national procedures for transfer of sentenced persons Updated 17/09/2015

Iceland national procedures for transfer of sentenced persons Updated 06/11/2014

Extradition Law. Approved on May 4, 1960

European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders Strasbourg, 30.XI.1964

PENAL PROCEDURE CODE

OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 33 / 2 SEPTEMBER 2013, PRISTINA

The information contained in this table should be updated on a yearly basis. The Ministry of Justice. Sölvhólsgata 7, 101 Reykjavík

PENAL CODE. Chapter one. OBJECTIVE AND SCOPE OF THE PENAL CODE. Section I. Objective of the Penal Code GENERAL

6. (amended, SG No. 102/2009, effective ) person with whom he/she is in a collateral relationship up to the fourth degree included;

TREATY SERIES 2007 Nº 7. Additional Protocol to the Convention on the Transfer of Sentenced Persons excluding Article 3

THE LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (Official Gazette of Montenegro, No. 04/08 dated ) I. GENERAL PROVISIONS

Transfer of Convicted Offenders Act 9 of 2005 (GG 3495) brought into force on 28 July 2006 by GN 116/2006 (GG 3674) ACT

Criminal Code. Publication State Gazette No. 26/ , in force as of , Last amendment SG No. 32/ , in force as of

AGREEMENT BETWEEN THE GOVERNMENT OF SWEDEN AND THE INTERNATIONAL CRIMINAL COURT ON THE ENFORCEMENT OF SENTENCES OF THE INTERNATIONAL

CRIMINAL CODE. ( Official Gazette of the Republic of Montenegro no. 70/2003, and Correction, no. 13/2004) GENERAL PART CHAPTER ONE GENERAL PROVISIONS

CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE ENFORCEMENT OF FOREIGN CRIMINAL SENTENCES. Brussels, 13 November 1991 PREAMBLE

The information contained in this table should be updated on a yearly basis.

EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC) COMMITTEE OF EXPERTS ON THE OPERATION OF EUROPEAN CONVENTIONS ON CO-OPERATION IN CRIMINAL MATTERS (PC-OC)

CODE OF CRIMINAL PROCEDURE 1. According to Article 201 from the Law amending the Code of Criminal Procedure ( Official Gazette of the

The information contained in this table should be updated on a yearly basis. Procedure for search (asset-tracing) and seizure

RECOGNITION, EXECUTION AND TRANSMITTING OF CONFISCATION OR SEIZURE DECISIONS AND DECISIONS IMPOSING FINANCIAL PENALTIES

LAW ON AMENDMENTS AND SUPLEMENTS TO THE LAW ON COURTS. Article 1

EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC) COMMITTEE OF EXPERTS ON THE OPERATION OF EUROPEAN CONVENTIONS ON CO-OPERATION IN CRIMINAL MATTERS (PC-OC)

Penal Policy and Practice in relation to the Community Service in Hungary

LAW ON EXECUTION OF PENAL SANCTIONS

I. GENERAL PROVISIONS II. ACQUISITION OF CITIZENSHIP OF THE REPUBLIC OF MACEDONIA

The Criminal Code. Order No. 909 of September 27, 2005, as amended by Act Nos and 1400 of December 21, 2005

DECREE ON PROMULGATION OF THE FOREIGN NATIONALS LAW

Explanatory Report to the Additional Protocol to the Convention on the Transfer of Sentenced Persons

PENAL CODE GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. No Criminal Offence and Sentence without the Statute. Article 1

Somaliland Transfer of Prisoners Law 2012 REPUBLIC OF SOMALILAND TRANSFER OF PRISONERS LAW LAW NO. 53/2012

Explanatory Report to the Convention on the Transfer of Sentenced Persons

*Please note that this translation is missing the following amendments to the Act: JUVENILE COURTS ACT. (Official Gazette no. 111/1997) PART ONE

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 64

CRIMINAL CODE OF THE REPUBLIC OF SLOVENIA (KZ-1) GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. Imposition of Criminal Liability Article 1

SECTION II A work permit.

THE PRIME MINISTER ASYLUM ACT

IN THE MUNICIPAL COURT CUYAHOGA COUNTY, OHIO ) CASE NO. Defendant hereby ordered to have psychiatric evaluation with Dr. on at as follows (check one):

ACT ON THE RESPONSIBILITY OF LEGAL PERSONS FOR THE CRIMINAL OFFENCES

Act XXXVIII of 1996 on International Mutual Assistance in Criminal Matters. Chapter I GENERAL RULES

Hungarian Citizenship

This section covers coordination of services between agencies and the youth correctional system. STANDARDS

THE GAZETTE OF INDIA EXTRAORDINARY. PART II-Section 3-sub-section (i)

Report of the Working Group on the Universal Periodic Review * Islamic Republic of Iran

CONSIDERATIONS REGARDING THE INSTITUTION OF PROBATION IN THE NEW PENAL CODE

IN6_en_ Application to approve employment in accordance with Section 14 a of the Danish Aliens Act (asylum seekers)

POST NGRI FINDING: HEARING ON WHETHER DEFENDANT IS MENTALLY ILL

The Saeima 1 has adopted and the President has proclaimed the following Law:

For Victims of Crime. Victim Protection and Victim Support. Public Prosecutors Office

Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis auf unter "Translations".

BOSNIA AND HERZEGOVINA

Application for National Visa

ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS ACT ( Official Gazette of the Republic of Serbia No. 58/2003)

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

Criminal Procedure Code No. 301/2005 Coll.

Law on the rights and freedoms of individuals kept in detention facilities 1

Czech Republic NATIONAL PREVENTIVE MECHANISM (Art of the OPCAT)

Purposes of the Law. Information of Public Importance. Public Authority Body. Legal Presumptions of Justified Interest

TAX-INSURANCE PROCEDURE CODE

Rules of Procedure for meetings of the Plants Committee (adopted at the 21th meeting, Veracruz, May 2014, effective from 9 May 2014)

Rules of Procedure for meetings of the Animals Committee (adopted at the 28th meeting, Tel Aviv, August 2015, effective from 3 September 2015)

Statutes of the Republic of Korea ACT ON USE AND PROTECTION OF DNA IDENTIFICATION INFORMATION

Act XXXVIII of 1996 on International Legal Assistance in Criminal Matters

ELECTION CODE OF BULGARIA. adopted on 5 March 2014

Article Content. Criminal Code of the Republic of China ( Amended )

Phase 2 follow up: Additional written report by Russia

RIGHT OF ENTERING AND LEAVING THE REPUBLIC OF BULGARIA

ELECTIONS TO THE PARLIAMENT OF THE CZECH REPUBLIC

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW HOUSE BILL 1003

CODE OF PENAL PROCEDURE BOOK ONE GENERAL DEFINITIONS SECTION TWO PROSECUTION CHAPTER ONE GENERAL PROVISIONS

Concluding observations on the seventh periodic report of Finland*

The Penal Code has the tasks of protecting the socialist regime, the people s

Articles of Association of Software AG

JAPAN. Practical Guide for Assets Recovery. -How to return the assets concerned-

L A W ON PUBLIC PROSECUTOR S OFFICE. Chapter One PRINCIPLES. Public Prosecutor s Office. Article 1

The English translation and publication of the Election Code have been made by IFES with financial support of USAID.

Code of Judicial Procedure

BELIZE EXCHANGE OF OFFENDERS (BELIZE/MEXICO) ACT CHAPTER 114 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures. Authority: Effective Date: Page 1 of Owens/Hodges 9/15/09 9

Legal Memo on Law on Compensation Translated from Dari

THE LEGAL FRAMEWORK FOR EXTRADITION IN PERU

- To provide insight into the extent to which crimes are committed during unsupervised

ORDINANCE ON THE AWARD OF SPECIAL PUBLIC CONTRACTS. (Heading amended, SG 7/2007, in force from ) In force from 1 October 2004

Asylum difficulties in Bulgaria. Some information about the asylum procedure in Bulgaria. Initiative for Solidarity with Migrants in Sofia 2013

RELIGIOUS CONVERSION BILL *

Have agreed as follows: Article 1 Definitions

III ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

SIXTH INTERNATIONAL CONGRESS OF PENAL LAW (Rome, 27 September 3 October 1953) 6

EUROPEAN ARREST WARRANT AND SURRENDER PROCEDURES BETWEEN MEMBER STATES ACT (ZENPP) I. INTRODUCTORY PROVISIONS. Article 1

Anti-human trafficking manual for criminal justice practitioners. Module 13

Act No. 403/2004 Coll. Article I PART ONE BASIC PROVISIONS

ACCORD BETWEEN THE GOVERNMENT OF THE KINGDOM OF SPAIN AND THE GOVERNMENT OF AUSTRALIA ON THE YOUTH MOBILITY PROGRAMME

The information contained in this table should be updated on a yearly basis. tel.: ; fax:

Over 18 Proceedings in Juvenile Court

Republic of Macedonia. Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009)

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

Republika e Kosovës Republika Kosovo - Republic of Kosovo Kuvendi - Skupština - Assembly

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)

TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND RELATING TO EXTRADITION

Italy International Extradition Treaty with the United States

Transcription:

Republic of Bulgaria national procedures for transfer of sentenced persons Updated 28/04/2015 The information contained in this table should be updated on a yearly basis. The Central Authority (name of the institution, address, telephone, fax and e-mail where available) responsible for the transfer of sentenced persons: Ministry of Justice of the Republic of Bulgaria, tel.: +35929237545/515, fax: +35929237545, e-mail: k_panova@justice.government.bg Terziivanov@justice.government.bg Postal address: 1, Slavyanska Str., 1040 Sofia BULGARIA If different from the Central Authority, the authority to which the request should be sent (name of the institution, address, telephone, fax and e-mail where available): If different from the Central Authority, the Authority/ies in charge of coordinating and/or implementing the physical transfer of the person concerned (name of the institutions, address, telephone, fax and e-mail where available): The Authorities in charge of coordinating and/or implementing the physical transfer of the person concerned are the Central Authority Ministry of Justice and the Prosecutor General of the Republic of Bulgaria Prosecutor General of the Republic of Bulgaria, tel: +35929370343/+35929219330, fax: +35929885895, e-mail: mpp_vkp@prb.bg, Address: Sofia 1061, 2 Vitosha Str. Directorate General Security, Ministry of Justice, tel.: +35929263952, fax: +35928902055, Address: Sofia 1309, 2 Major Vekilski Str. Channels of communication for the request for the transfer of sentenced persons (directly, through diplomatic channels or other): Directly 1

Means of communication (e.g. by post, fax, e-mail 1 ): Requests for transfer and replies shall be made in writing. Requests shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. Replies shall be communicated through the same channels. Language requirements: The requests for transfer and supporting documents shall be accompanied by a translation into Bulgarian, or in the absence of such, with a translation into either one of the official languages of the Council of Europe. Documentation required: Written application from the person; the name, date and place of birth of the sentenced person; his address, if any, in the administering State; a statement of the facts upon which the sentence was based; a certified copy of the judgment and the law on which it is based; the nature, duration and date of commencement of the sentence; a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission, and any other factor relevant to the enforcement of the sentence; a declaration containing the consent to the transfer; and whenever appropriate, any medical or social reports on the sentenced person, information about his treatment in the sentencing State, and any recommendation for his further treatment in the administering State. Continued enforcement or conversion of the sentence 2 : After the convicted person arrives in the Republic of Bulgaria or it is established that he/she is in its territory, thе Prosecutor General shall send the sentence accepted for execution and the materials of the Sofia City Court attached thereto with a proposal for deciding the issues connected to its execution. The 1 Please indicate if encryption or electronic signature is required. 2 In case the sentence is converted, please specify whether this is done before or after the transfer has taken place. 2

court shall pronounce itself on the proposal with a definition in a court hearing with the participation of a prosecutor and summoning the convicted person. The definition shall contain the number and date of the sentence accepted for execution, the case in which it has been enacted, the text of the law of the Republic of Bulgaria stipulating liability for the perpetrated crime, the term of the imprisonment punishment imposed by the foreign court, and the initial regime of serving the punishment shall be determined. When under the law of the Republic of Bulgaria the maximum term of imprisonment for the perpetrated crime is shorter than that determined with the sentence, the court shall reduce the imposed punishment to this term. When under the law of the Republic of Bulgaria imprisonment is not stipulated for the perpetrated crime, the court shall determine a punishment corresponding most fully to that imposed with the sentence. The pre-trial detention and the served punishment in the state where the sentence has been enacted shall be deducted, and when the punishments are different, these periods shall be taken into consideration in determining the term of the punishment. The additional punishments imposed with the sentence shall be subject to execution, if such ones are stipulated in the respective text of the legislation of the Republic of Bulgaria and have not been executed in the state where the sentence was enacted. General rules on early release: The court can rule a probationary release ahead of term for the remaining part of the punishment of imprisonment or probation regarding a convicted with exemplary conduct and honest attitude to the work, and who has proven his reformation and has served actually no less than half of the imposed punishment.(see Article 70 Bulgarian Criminal Code) Scope of application with regard to transfer of mentally disordered persons: Regarding a person who has committed a socially dangerous act in a state of insanity or who has lapsed into such a state before the ruling of the verdict or during the serving of the sentence the court can rule: 3

a) delivery to the next of kin if they undertake an obligation for his treatment under the supervision of a psycho-neurological dispensary; b) mandatory treatment in a general psycho-neurological establishment; c) mandatory treatment in a special psychiatric hospital or in a special ward of a general psycho-neurological establishment. The mandatory treatment in a general psycho-neurological establishment can be ruled by the court regarding a mentally ill who, in view of his psychic status and of the nature of the committed socially dangerous act, needs care and treatment by mandatory order. The mandatory treatment in a special psychiatric hospital or in a special ward can be ruled by the court regarding a mentally ill person who, in view of his psychic status and the nature of the committed socially dangerous act is particularly dangerous for the society or for his next of kin. In these cases the person shall be kept under doubled supervision excluding the possibility for him to commit a new socially dangerous act. Scope of application with regard to nationals and/or residents: According to the Convention on the transfer of sentenced persons a sentenced person may be transferred only if that person is a national of the administering State. Under the provisions of the Additional Protocol from 1997 the consent of the sentenced person shall not be required to the transfer of the execution of the sentence. The opinion of the sentenced person is provided in the case when that person is subject to an expulsion or deportation order. Other particularly relevant information (such as practice regarding time limits or revocation of consent): According to the declaration made by The Republic of Bulgaria the consent of the person concerned cannot be withdrawn after the authorities responsible for his transfer have taken their decision. 4

Links to national legislation, national guides on procedure: PENAL PROCEDURE CODE, Chapter 36, Section I www.justice.government.bg Link to information about the Convention (according to Article 4) in the official language(s) of the State Party (see also Rec. R (84) 11 of the Committee of Ministers concerning information about ETS 112 and PC-OC INF 12): For Parties to the Additional Protocol Information on the implementation of Article 2 (e.g. interpretation of by fleeing to ): According to Article 454 of the Bulgarian Criminal Code, Para (1), Point 2 - the consent of the convicted person shall not be required for the transfer when: Point 2. before serving the verdict, the convicted person has fled from the state, which has convicted him/her, to the territory of the state whose citizen he/she is. Information on the implementation of Article 3 (e.g. interpretation of the requirement of a consequential link between the decision on expulsion and the sentence): According to Article 454 of the Bulgarian Criminal Code, Para (1), Point 1 the consent of the convicted person shall not be required for the transfer when: Point1. the verdict 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 on the territory of the state, which has convicted him/her; In the cases under Para. 1, Point 1, before enacting the decision for transfer, the opinion of the 5

convicted person shall be taken into consideration. Documentation required: Other relevant information: 6