Name of law
Law amending the Law on Extradition and European Arrest Warrant




Name Bill
Bill amending the Law on Extradition and European Arrest Warrant





Date of adoption
16/06/2010



Number / year Official Gazette
49/2010







DECREE № 167
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Extradition and European Arrest Warrant adopted by HLI National Assembly on June 16, 2010 Released on
in Sofia on June 25, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Extradition and European Arrest Warrant (prom. SG. 46 of 2005 .; amend., SG. 86 2005 and SG. 52 of 2008)
§ 1. In art. 4 para. 3 after the word "(Interpol)" insert "or receiving a signal through the Schengen Information System."
§ 2. In art. 19 new paragraph. 5:
"(5) Paragraphs 1-4 shall not apply when the person sought against a pending criminal proceedings for an offense other than that for which extradition is sought or the person must endure punishment for an offense other than that for requesting extradition. "
§ 3. In art. 36 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The European arrest warrant is issued for persons who have committed offenses punishable under the law of the issuing State by a custodial sentence or a detention order for a maximum period of not less one year or a heavier penalty, where a sentence of imprisonment or detention is not less than four months. "
2. In para. 3 text before item. 1 is amended as follows: "Double criminality is not required for these crimes if the issuing state are punishable by imprisonment for a period not less than three years or a heavier penalty, or It provides detention for a period not less than three years ".
§ 4. In art. 37, para. 1, p. 3, 'evidence' is deleted.
§ 5. In Chapter Five, Section I create art. 37a:
"ancillary crimes
Art. 37a. When the European arrest warrant includes several separate offenses, at least one of which meets the requirements of Art. 36, para. 1 or 3, the executing State may authorize the transfer and other crimes. "
§ 6. A Art. 38b:
"Obtaining European arrest warrant via the Schengen Information System
Art. 38b. Upon receipt of the signal by SIS prosecutor investigate and determine whether the information accompanying the signal meets the requirements of Art. 36 and Art. 37, para. 1. "
§ 7. In art. 41 para. 3 is amended as follows:
"(3) Where a European arrest warrant is issued for the purposes of criminal proceedings against a Bulgarian citizen or resident of the Republic of Bulgaria, giving this person is done in advance requested by the issuing state guarantee that after a person be heard on its territory will be returned to the Republic of Bulgaria on its border checkpoint to serve his sentence of imprisonment or taken detention. In these cases do not include the transfer of the convicted person and its return costs are borne by the issuing country. "
§ 8. In art. 42, para. 2 made the following amendments:
1. A new second sentence: "In such cases, the prosecutor examines whether the European arrest warrant meets the requirements of Art. 36 and 37. "
2. Current second sentence becomes the third sentence.
§ 9. In art. 44 make the following additions:
1. In para. 7, the third sentence: "In the case of application of Art. 52, para. 1 that detention is considered to be taken from the time of completion of criminal proceedings or at the time of serving the punishment imposed. "
2. A par. 13:
"(13) Paragraphs 11 and 12 apply in cases where the person has been convicted by a foreign court, after being transferred for prosecution in the country on the basis of a European Arrest Warrant under Art. 41, para. 3. In these cases, the return of the person Supreme Cassation Prosecutor's Office placed him in an appropriate place of detention, notifying the district attorney under par. 11. "
§ 10. In art. 45 para. 1 is amended as follows:

"(1) Where the hearing requested person consents to surrender, the court shall apply accordingly. 19, para. 1 and 2. In this case the person can do and denial of the principle of specialty. This provision shall not apply where against the person sought has pending criminal proceedings for an offense other than that for which it has issued a European arrest warrant or the person must endure punishment for an offense other than that for which it has issued European arrest arrest. "
§ 11. In art. 48, para. 2, the second sentence: "The Court announced its decision in open court with the participation of the parties."
§ 12. In art. 52, para. 2 words "In the cases under par. 1 "is replaced by" In the period under par. 1 ".
§ 13. In art. 56 para. 2 finally added "and 37a".
The law was adopted by the 41 th National Assembly on June 16, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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