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

Terms of refusal to recognise and execute a verdict of a foreign Court
Art. 464. A request by another state for recognising and executing a verdict enacted by its
Court shall be rejected when:
1. the imposed punishment cannot be executed due to the expiry of the prescription stipulated
in the Bulgarian Penal Code;
2. against the convicted person at the time of perpetrating the crime, a penal procedure could
not have started in the Republic of Bulgaria;
3. for the same person for the same crime in the Republic of Bulgaria there is an uncompleted
penal procedure, an effective verdict, decree or effective determination or disposition for terminating the
case;
4. there are sufficient grounds to consider that the verdict has been imposed or aggravated for
racial, religious, national or political considerations;
5. the execution contradicts the international obligations of the Republic of Bulgaria;
6. the crime was perpetrated out of its territory.
Recognition procedure
Art. 465. (1) A request for recognition in the Republic of Bulgaria of a verdict of a foreign
Court shall be addressed from the competent authority of the other state to the Ministry of Justice.
(2) The Ministry of Justice shall send the request and the verdict and other documents attached
thereto to the district Court at the place of residence of the convicted person. If the latter does not reside
in the country, competent to consider the request shall be the Sofia City Court.
(3) The Court shall consider the request for recognition of the verdict of the foreign Court,
composed of three judges in an open hearing with the participation of a prosecutor, where the convicted
person shall be appointed a defence attorney unless he has engaged one himself/herself.
(4) The Court, after hearing the prosecutor, the convicted person and his/her defence, shall
enact a decision within ten days, whereby it shall grant or reject the request for recognition of the verdict
of the foreign Court.
(5) The Court decision shall be subject to appeal or challenge before the respective Court of
appeal within seven days from making it public.
(6) The appeal and the challenge shall be considered by the respective Court of appeal within
ten days from their submission to the Court. The decision of the Court of appeal shall be final.
(7) A certified copy of the effective decision shall be sent to the Ministry of Justice to be
forwarded to the competent authorities of the state requesting the recognition of the verdict. If at the
time of enacting the decision the convicted person is serving an imprisonment verdict in another state,
the Court shall hand him/her over a copy of the decision through the Ministry of Justice.
Effect of the decision whereby a verdict of a foreign Court has been recognised
Art. 466. (1) The decision whereby a verdict of a foreign Court has been recognised has the
effect of a verdict enacted by a Bulgarian Court.
(2) If the verdict of the foreign Court has imposed imprisonment punishments as regards
several persons, the recognition has effect only as regards the person for whom recognition of the
verdict has been requested.
(3) If the recognised verdict of the foreign Court refers only to an individual act of a continued
crime perpetrated in the territory of another state, the recognised verdict shall not be an obstacle for
penal prosecution of the convicted person for other acts included in the continued crime, which have
been perpetrated in the territory of the Republic of Bulgaria.
Detention in custody