• Facebook
  • Linkedin
  • Twitter
  • Mail
..+359 897 90 43 91
Lawyers Legal Services In Bulgaria
  • Home
  • News
    • Bulgarian Lawyers in Family Law
    • Debt Collection Lawyers in Bulgaria
    • Dividend Tax in Bulgaria
    • Family & Divorce Lawyer
    • Legal Advices to Import & Export in/from Bulgaria
    • Litigation Lawyer in Bulgaria
    • Mergers and Acquisitions Lawyers in Bulgaria
    • Liquidation of Companies in Bulgaria
  • Legal Services
    • Consultations
    • Trade representation office
    • Debt Collection
    • Registration of a company Bulgaria
    • Company Lawyers
    • Real Estates, Property Lawyers
    • Annual general meeting of Condominium
  • Practice Areas
    • Construction lawyers
    • Litigation Process & Property Law
    • Commercial, Company Law
    • Registration of a company Bulgaria
    • Property & Contract Lawyers
    • Construction & Property Lawyers
    • Divorce & Family Lawyers
    • Civil & Litigation Lawyers
    • Tax Lawyers
    • Financial & Banking Lawyers
    • Insurance & Transport Lawyers
    • Insolvency & Liquidation Lawyers
  • Retainer legal services
    • Lawyer Online Consultations
    • Attorney’s Fees
  • Contact us
  • About us
    • Whom We Serve
    • Careers
  • Български
  • Search
  • Menu
Legal advices

European Arrest Warrant BULGARIA

personal injury lawyer

European Arrest Warrant BULGARIA

The European arrest warrant is a judicial decision given in an EU Member State and aims at detaining and surrendering a wanted person from another Member State for the purpose of prosecuting or executing a custodial sentence or a detention order.

Our law office D.Vladimirov & Partners is dully specialized in criminal law and international criminal law. I have expertise in drug abuse violations, money laundering, white collar crimes, forgery and counterfeiting, fraud, financial crimes and tax fraud offenses, driving and traffic crimes.

Our legal practice allows me to handle international and especially international criminal law issues at a high professional level.

European Arrest Warrant

European Arrest Warrant

Many times we cooperate with foreign colleagues in Extradition or European Arrest Warrant cases from or to BULGARIA….just to provide the best and most reliable legal service to our clients in Bulgaria, as defense counsel, lawyer proividing criminal & extrations order services

The procedure imposed by the Council Framework Decision of 13 June 2002 (2002/584 / JI) is based on the principle of mutual trust and the recognition of judgments.

This principle states that if a judicial act has been issued in an EU Member State, it must be recognized in all other Member States as such and has the same legal consequences.

Accordingly, where the authority responsible for the execution of a warrant has in its possession evidence of a real risk of inhuman or degrading treatment of persons detained in the Member State where the warrant was issued, that authority must assess that risk before deciding on the surrender of the individual concerned.

In Bulgaria the European Arrest Warrant is governed by the Law on Extradition and European Arrest Warrant. The aim of the European arrest warrant is to aid the fight with international terrorism and organized crime after 10/11/2001.

The underlying concept of the EAW is the principle for mutual recognition and existence of minimal standards concerning the fundamental rights of the accused persons. Ultimately, the main goal – fight with crime is attained due to the effective and prompt mechanisms for transfer of the persons subjected to EAW but is this happening at the expence of the fundamental human rights enshrined in the Convention?

According to the Bulgarian Law on Extradition and European Arrest Warrant, the Court shall refuse to execute European Arrest Warrant, if:

  1. the offence, which the warrant has been issued for is amnestied in the Republic of Bulgaria and shall enter under its prosecution jurisdiction;
  2. has been notified, that the requested person has been sentenced with an entered into force sentence by a Bulgarian court or by the court of a third Member State and the person services or has serviced the penalty, or the penalty cannot be executed as per the legislation of the country where the person has been sentenced for the same offence, which the warrant has been issued for.
  3. the required person is under aged as per the Bulgarian legislation.

There is no mention in the Bulgarian Law on Extradition and European Arrest Warrant of grounds for refusal connected with persons’ human rights.

At the same time is not a secret that there are numerous cases against Bulgaria at the European Court of Human Rights in Strasbourg to complain about the conditions in prison cells. Council of Europe anti- torture Committee published report on Bulgaria in 2015.

The report concludes that persons detained by the police continue to run a significant risk of being ill-treated, both at the time of apprehension and during subsequent questioning. Further, there has been no progress as regards guaranteeing the practical implementation of the legal safeguards against police ill-treatment.

Detained persons often did not receive information about their rights, were not able to notify a third party of their custody and did not benefit from the services of a lawyer from the very outset of their deprivation of liberty.

The legal procedures of European Arrest Warrant. Expert Criminal Lawyers & Defence Solicitors

The surrender procedure based on a European Arrest Warrant is settled at first instance in one of the 28 district courts. Upon receipt of a European arrest warrant in one of the appropriate ways (mail, fax, e-mail, etc.), the court appoints a court hearing within 7 days of the person’s detention, explaining to him the right to consent handing over to the issuing Member State, and to refuse to apply the principle of specificity.

When the requested person agrees to be surrendered, the court prescribes a restricted procedure for verifying the conditions. In these cases, for example, the fact that criminal proceedings have been brought in Bulgaria for the same offense referred to in the European Arrest Warrant has no legal significance. 

If the requested person does not give his consent to be surrendered to the issuing State, the competent court shall verify whether the European arrest warrant contains the requisite legal details (details of the requested person, contact details of the issuing authority, time and place of the offense, etc.). In addition, it is necessary to verify the existence of certain reasons which prevent the transfer of the requested person.

 The following grounds for refusal are of particular importance in the case law:

  • a judgment which has the force of res judicata for the same act for which surrender is requested by the European Neighborhood Arrest Warrant (ne bis in idem),
  • the criminal proceedings in Bulgaria for the same offense were terminated,
  • to the Bulgarian legislation the execution of the punishment is expired.

Even before the Decision of the Court of Justice, there have been instances where foreign courts have declined to hand over inmates to Bulgaria due to concerns over dire prison conditions.

In light of the above it becomes clear that the Bulgarian legislation needs serious amendments in order to adjust to the standards of securing fundamental human rights of the persons detained.

If you need our legal assitance, do not hesitate to contact us immediately !

Our law office D. Vladimirov & Partners is here for you to support you to avoid extradision  so that you will be able to take advantage of all the opportunities and options our country is giving you.

Call us for more information on + 359 897 90 43 91 or send us your inquiry on office@lawyer-bulgaria.bg

 

June 3, 2018/by lawyer
Tags: Accounting Services Bulgaria, Affordable accounting & legal services, Attorneys at law Bulgaria, Bulgaria, Bulgaria Tax Resident, Bulgarian Attorney, Bulgarian Branch Office, Bulgarian Business Visa, Bulgarian commercial law, Bulgarian company bank account, Bulgarian EOOD Company, Bulgarian Holding Company, Bulgarian Joint Stock Company, Bulgarian lawyer, Bulgarian OOD Company, Bulgarian ready made companies, Bulgarian residence for EU citizens, Bulgarian Trade Representative Office, business in Bulgaria, Business Lawyer for foreigners in Bulgaria, Business Lawyers, Buying a property in Bulgaria, Company incorporation within days, Consultancy and Legal services, Corporate law in Bulgaria, Corporate lawyer in Sofia, Corporate lawyers in Bulgaria, criminal law, criminal lawyer Bulgaria, Debt Collection in Bulgaria, defense counsel, Double Taxation treaties, driving and traffic crimes, drug abuse violations, EU Transport License in Bulgaria, European Arrest Warrant, European Arrest Warrant BULGARIA, European Arrest Warrant BULGARIA lawyer, European Arrest Warrant cases, European Arrest Warrant Law, Expert Criminal Lawyers & Defence Solicitors, Extradition, Extradition BULGARIA, Extradition Lawyer, financial crimes and tax fraud offenses, forgery and counterfeiting, fraud, Insolvency in Bulgaria, international criminal law, issue of European Arrest Warrant BULGARIA, lawyer European arrest warrant, Lawyer in Bulgaria, Lawyer in Germany and Bulgaria, lawyer proividing services, Lawyer Sofia, Lawyers, Lawyers in Bulgaria, Legal Services English, Legalization of documents in Bulgaria, Liquidation of a Bulgarian company, Lowest required founding capital, Lowest setup fees within the EU, Lowest Social security contributions in the EU, Lowest Tax on Corporate & Personal Income, Lowest Tax on Dividends in the EU, money laundering, Notary Letter of Invitation, Notary Services in Bulgaria, penalty lawyer in BULGARIA, Secure incorporation service, Solicitors, Top Lawyer Bulgaria, Top Rated Attorneys Bulgaria, VAT registration Bulgarian company, white collar crimes
Share this entry
  • Share on Facebook
  • Share on Twitter
https://lawyer-bulgaria.co.uk/wp-content/uploads/2016/11/Hereditary-Cases-Lawyer.jpg 556 886 lawyer https://lawyer-bulgaria.co.uk/wp-content/uploads/2016/03/ilodplogo-300x96.png lawyer2018-06-03 06:24:412019-05-05 10:19:16European Arrest Warrant BULGARIA
You might also like
personal injury lawyer How to Protect Ourselves Against Illegal Actions of the Lessor?
Divorce procedures Bulgaria Divorce procedures Bulgaria
Open a representation office in Bulgaria, Bulgarian commercial lawyer, Register a branch office Bulgaria,Corporate lawyer Sofia, Corporate lawyers Bulgaria New declarations transfer shares
Legal protect contracts, Lessors, Legal contracts, Disputes before the courts in Bulgaria, Litigation process Bulgaria Register a general partnership in Bulgaria
personal injury lawyer Choose legal advisor Bulgaria
personal injury lawyer Documents checklist property sale in Bugaria

SEARCH

Recent Posts

  • Divorce Lawyer in Bulgaria
  • Appealing administrative acts
  • Commercial litigation in Bulgaria
  • Child maintenance Bulgaria
  • Divorce with Bulgarian

RSS TTTTTTT

  • Divorce Lawyer in Bulgaria November 6, 2019
    Divorce Lawyer in Bulgaria Dealing with family law issues and divorce in particular can be an emotional and stressful experience. This is what makes it important to have professional and impartial advice and guidance to ensure the best outcome for all parties involved. In his practice, lawyer Mr. Dimitar Vladimirov has many cases in the […]
    lawyer
  • Appealing administrative acts October 29, 2019
    Often, in the exercise of their powers, the various institutions impose administrative penalties by issuing criminal decrees, electronic slips, or other acts.  However, the findings of the inspection bodies are not always correct, and not always the offense committed is such or with a weight that implies the imposition of the appropriate penalty. Given the […]
    lawyer
  • Commercial litigation in Bulgaria October 7, 2019
    Commercial litigation in Bulgaria When you are involved in litigation, you need an attorney who can help you focus on your objectives and navigate you to a successful resolution. We understand that litigation is costly and often, mentally-taxing for you. Our commercial litigation lawyers of International law office D.Vladimirov & Partners. endeavor to achieve the […]
    lawyer
  • Child maintenance Bulgaria October 4, 2019
    Child maintenance Bulgaria A maintenance case is usually filed when two people living in the form of an actual cohabitation have a common child and are separated.  Then the child or children remain with one parent and the other either does not pay maintenance or pays it less than the needs of minors. Then, for the parent […]
    lawyer
  • Divorce with Bulgarian October 4, 2019
    Divorce with Bulgarian If you are in process of divorce, but you have bought a holiday home in Bulgaria, most likely you will need to settle the ownership between yourself and your spouse. Аccording to statistics, in recent years the number of dissolved marriages with an international element has increased, and to file for divorce with […]
    lawyer
  • Personal Injury Bulgaria October 2, 2019
    Personal Injury Bulgaria Thousands of people are killed in motor vehicle collisions each year in Bulgaria. Hundreds of thousands are injured. In 2017, that number equated more than 20-30 car accident injuries every day across the country. No one is ever expecting a catastrophic vehicle crash to happen to them. But in the aftermath, victims […]
    lawyer
  • Legal Advice on property in Bulgaria September 29, 2019
    Our law office provide a legal representation of foreign investors /buyers/ during court procedures per art. 135 of the Contracts and Obligations Act- in cases, when the company-seller per their preliminary contracts has transferred all its assets towards third related party; For our foreign clients we provide a legal representation of foreign investors /buyers/ by […]
    lawyer
  • Enforcement legal acts of the European Union September 21, 2019
    As lawyer We assist our clients in the enforcement of decisions of foreign courts, established in EU Member States, which have direct legal effect in Bulgaria, as well as of decisions not directly recognized in cases with an international element. Depending on the subject matter of the dispute, some court decisions require a specific procedure […]
    lawyer
  • POWER OF ATTORNEY May 6, 2019
    The Representation is a legal institution referring to legal actions of one person (agent) on behalf of another (principal) whereby the principal has to bear the consequences resulting from the agent’s legal actions. There are two forms of representation to be distinguished: voluntary representation – here, the representation is wanted and organized by the principal; […]
    lawyer
  • Recognition,admission of foreign decisions May 4, 2019
    Материалът Recognition,admission of foreign decisions е публикуван за пръв път на Lawyers Legal Services In Bulgaria.
    lawyer

Archives

  • November 2019
  • October 2019
  • September 2019
  • May 2019
  • January 2019
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • October 2017
  • April 2017
  • November 2016
  • September 2016
  • August 2016
  • June 2016
  • May 2015
  • January 2015
  • August 2014
  • February 2014
  • December 2013
  • August 2012
  • May 2012
Followon TwitterSubscribeto RSS Feed

Follow us on Facebook

Any more questions? Feel free to write us a mail!

We will respond as soon as possible, but no later than one business day. International Law Office D. Vladimirov & Partners will provide you with protection of your interests and adequate legal assistance.

IMPRINT

International Law Office D.Vladimirov & Partners | Lawyers | Address: 6 Alexander Zhendov Street, 1113 Sofia, Bulgaria
Mobile Phone: +359 897 90 43 91 | Fax: +359 2 858 10 25 | Email: info@lawyer-bulgaria.bg

The Law Firm represents clients throughout Bulgaria, including the cities of Sofia, Plovdiv, Varna, Burgas, Rousse, Stara Zagora, Pleven, Yablanitsa and etc.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by “International Law Office D.Vladimirov & Partners” and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

About | Contact | Imprint | Terms | Privacy Policy

© Copyright – International Law Office D.Vladimirov & Partners. Website development: Cherry Design

Legal documents & apostiles DIVISION OF JOINTLY OWNED REAL ESTATE Legal grounds for divorce Bulgaria
Scroll to top

This is a notification that can be used for cookie consent or other important news. It also got a modal window now! Click "learn more" to see it!

OKLearn More

Cookie and Privacy Settings

How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, you cannot refuse them without impacting how our site functions. You can block or delete them by changing your browser settings and force blocking all cookies on this website.

Other external services

We also use different external services like Google Webfonts, Google Maps and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Vimeo and Youtube video embeds: