PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

the convicted person shall be taken into consideration.
Determination of the place, time and procedure for transmitting and receiving the
convicted person
Art. 455. The place, time and procedure for transmitting and receiving the convicted person
shall be determined by agreement between the General prosecutor and the competent authority of the
other state.
Detention request
Art. 456. (1) When there are data that the person convicted by a Bulgarian Court is in the
territory of the state whose citizen he/she is, the General prosecutor may address a request to the foreign
authorities for detaining the person for whom a request will be done for accepting the execution of the
verdict, while informing that there is an effective verdict with regard of this person.
(2) In the event of a submitted request for detaining a Bulgarian citizen by another state, Art. 64
and Art. 68 shall be applied respectively.
Deciding by the Court of the issues in connection with the execution of the verdict
Art. 457. (1) After the convicted person arrives in the Republic of Bulgaria or it is established
that he/she is in its territory, the General prosecutor shall send the verdict accepted for execution and the
materials of the Sofia City Court attached thereto with a proposal for deciding the issues connected to its
execution.
(2) The Court shall pronounce itself on the proposal with a determination in a Court hearing
with the participation of a prosecutor and summoning the convicted person.
(3) (suppl. - SG 27/09, in force from 01.06.2009) The determination shall contain the number
and date of the verdict 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 and type of imprisonment institution for
serving the punishment shall be determined.
(4) 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 verdict, 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 verdict.
(5) The pre-trial detention and the served punishment in the state where the verdict 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.
(6) The additional punishments imposed with the verdict 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 verdict was enacted.
(7) The Court determination shall be subject to appeal before the Sofia Court of Appeal.
Execution of a decision of a foreign Court for changing the verdict
Art. 458. (1) The decision for changing the verdict enacted by a Court of the other state after
the transfer of the convicted person shall be accepted for execution under the procedure of Art. 457.
(2) The decision for rescinding the verdict enacted by the Court of the other state after the
transfer of the convicted person shall be executed immediately by order of the General prosecutor.
(3) When the verdict of the foreign Court has been rescinded and a new investigation or hearing
of the case has been decreed, the issue of instituting a penal procedure as regards the person transmitted
for serving the punishment shall be decided by the General prosecutor in accordance with the laws of