Name of law Law amending and supplementing the law on extradition and European arrest warrant Named the Bill a bill amending and supplementing the law on extradition and European arrest warrant acceptance date 06/07/2011 number/year Official Gazette Decree No 55/175 2011

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on extradition and the European arrest warrant, adopted by the National Assembly of the HLI 6 July 2011.

Issued in Sofia on July 12, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on extradition and the European arrest warrant (promulgated, SG. 46 of 2005; amend., no. 86 of 2005, issue 52 of 2008 and no. 49 of 2010.)

§ 1. In art. 26, al. 3 creating the third sentence: "If the person is not in possession of a valid identity document, the issue of such shall be made ex officio by the Ministry of Interior on the disposition of the Supreme Cassation Prosecutor's Office in accordance with the law on Bulgarian identification documents."

§ 2. In art. 30 is made the following changes and additions:

1. a new paragraph. 2:

"(2) where a person does not possess a valid identity document, the diplomatic or consular representatives of the country officially issued to face temporary passport by the Supreme Cassation Prosecutor's Office in accordance with the law on Bulgarian identification documents. The period of validity of the passport shall be determined after consultation with the Supreme Cassation Prosecutor's Office on a case-by-case basis. "

2. The current paragraph. 2 it al. 3.

§ 3. In art. 40 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the District Court may refuse performance and a European arrest warrant issued for execution of a custodial sentence or a detention handed down in a trial at which the person did not appear personally, unless the European arrest warrant does not contain explicit information to comply with one of the following conditions:

1. the person has been summoned personally, and thus was promptly notified of the date and place of trial or has been officially informed about it in another way, undoubtedly proof of notification of a scheduled trial, as well as about the possibility for judgment, if is not present;

2. after it has been promptly notified of the scheduled trial, the person is authorised or Defender is appointed by the Court for protection during the case and such protection actually provided;

3. once the decision has been served personally, and the person has been expressly notified of the right of appeal or recommencement of proceedings with his personal involvement, in which case could be reconsidered in substance with the presentation of new evidence and the possibility of a cancellation of the original Act, it is explicitly stated that the disputed decision or did not request reconsideration or appeal within the prescribed period;

4. the decision was not personally served, but it will be done immediately after transmission of the face, as it will be expressly notified of the right of appeal or retrial with his personal involvement, in which case could be reconsidered in substance with the presentation of new evidence and the possibility of a cancellation of the original Act, as well as to the period within which the appeal may request or further consideration. "

§ 4. Art is created. 40A:

"The obligation of the issuing State to provide a copy of its judgment rendered in decision

Art. 40. (1) in the cases under art. 40, para. 2, item 4, when the person is not officially notified about led criminal proceedings against him and has not been served with the judgment, it may request, when information about the content of the European arrest warrant, to obtain a copy of this decision before it is transmitted.

(2) as soon as be informed of the request under paragraph 1. 1, the authority issuing the European arrest warrant, provide a copy of the judgment of the person by the executing authority.

(3) the request cannot slow down the procedure for the transfer and the European arrest warrant. Judgment under para. 1 the person is provided for information only and shall not be deemed to be served formally or on the basis of it to start running time limits for filing a request for reconsideration or appeal. "

§ 5. In art. 41 al. 1 is repealed.

§ 6. In art. 44, para. 8, after the words "art. 40 "added al. 1. "

§ 7. In Chapter five, section IV creates art. 59A:

"The acceptance of the person

Art. 59. The adoption of the requested person is carried out by the procedure of art. 30. "

§ 8. Art is created. 60A:

"Control over the detention of a person after delivery under the conditions of art. 40, para. 2, item 4

Art. 60. (1) where a person has been surrendered to the Republic of Bulgaria under the conditions of art. 40, para. 2, item 4, and it is requesting the recommencement of proceedings or appeal of the decision, appeal proceedings or proceedings began immediately after the surrender of the person.

(2) the detention of the person referred to in para. 1 is subject to control pursuant to the code of criminal procedure at any time during the criminal proceedings. "

§ 9. In the annex to article 2. 37, para. 1 point (d) shall be replaced by the following:

"(d) indicate whether the person appear in person at the trial, as a result of which the decision was given:

1. Yes, the person appear in person at the trial, as a result of which the decision was given.


2. No, the person did not appear in person at the trial, as a result of which the decision was given.

3. If you have made a mark in the box under item 2, please confirm the presence of one of the following:

3.1a. the person has been summoned personally. (day/month/year) and thus has been notified of the date and place of the trial, as a result of which the decision was given, and it has been notified of the possibility of such a decision, if it is not present at the trial,

Or

3.1b. the person had not been summoned in person, but through other means actually received official information about the date and place of the trial, as a result of which the decision was given, in a way, undoubtedly proving that it has been notified of the scheduled trial, as well as about the possibility for such a decision, if not present,

Or

3.2. After being notified of the scheduled trial, the person is authorised or Defender is appointed by the Court for protection during the trial and was actually given such protection,

Or

3.3. Once the decision has been served personally on the person of ... (day/month/year) and it has been expressly notified of the right of appeal or retrial of the lawsuit with his personal involvement, in which case can be reviewed on the merits, including the presentation of new evidence and the possibility of a cancellation of the original Act

And

the person has expressly declared that it does not dispute the decision,

Or

the person is requesting the appeal or retrial within the prescribed time limit,

Or

3.4. the decision was not personally served on the person, but

 – the decision will be personally served him immediately after the broadcast,

and

 – in the service of the decision the person will be expressly notified of the right of appeal or retrial of the lawsuit with his personal involvement, in which case can be reviewed on the merits, including in the light of the new evidence, which may lead to the cancellation of the original Act

and

 – the person will be notified of the time-limit within which you must request an appeal or retrial, and that is ... days.

4. If you have made a mark in the box in item 3.1, 3.2, 3.3, or b give information about how the condition is met:

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Final provision

§ 10. The State Fees Act (official, no. 104 from 1951; amend., SG. 89 of 1959 No. 21 of 1960; SG. 53 since 1973, no. 87, 1974, no. 21, 1975, no. 21 of 1990, no. 55 of 1991 No. 100 of 1992, no. 69 and 87 of 1995. , PC. 37, 100 and 104 of the 1996 issue. 82 and 86 in 1997, PCs. 133 of 1998, PCs. 81 since 1999, St. 97. Since the year 2000, PCs. 62, 63 and 90 of 2002, PCs. 84 and 86 from 2003, PCs. 24, 36, and 37 in 2004, PCs. 43. Since 2005, PCs. 18 and 33, 2006, issue. 43 of 2008., PCs. 74 and 82 of 2009.) in art. 5 creating the letter ' y ':

"y) identity documents under art. 26, al. 3 and art. 30, para. 2 of the law on extradition and the European arrest warrant. "

The law was passed by the National Assembly 41-Otto on 6 July 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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