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Criminal Lawyers & Defence Solicitors

Criminal litigation refers to the process of trying a criminal defendant in a court of law. Criminal litigators come in two varieties: criminal prosecutors, who present the government’s case against the defendant, and criminal defense attorneys, who represent the interests of the defendant.

Criminal prosecutors practice at either the state level or the federal level, while criminal defense attorneys generally maintain private practices or work as public defenders for the state or federal government.Criminal Lawyers & Defence Solicitors, Bulgaria criminal lawyer, Defence lawyer Bulgaria, murder, drugs cases, Defence solicitor Bulgaria, Criminal law

Whether prosecutors or defense attorneys, criminal lawyers handle a wide variety of cases, from white-collar crime, violent crimes, sex crimes and drug trafficking, traffic offenses and misdemeanors. Some concentrate on white-collar crime such as fraud, embezzlement and insider trading. Others concentrate on criminal appeals or on capital defense, in which defendants are prosecuted for crimes punishable by the death penalty.

Providing legal assistance and protection against detention and arrest; Contesting detention;

Litigation, protection and assistance in the enforcement of detention measures “Detention on remand”, “Home arrest” and “Money guarantee”;

Providing legal assistance in criminal litigation process for protection and procedural representation of defendants at the stage of pre-trial proceedings;

Procedural representation in proceedings for early release, replacement of the regime for serving the sentence, interruption of the execution of the punishment;

Litigation, protection and assistance in proceedings under a European Arrest Warrant;

Procedural representation in the transfer of convicted persons, recognition of a foreign court verdict, international legal assistance in criminal cases;

Criminal litigation in court proceedings before the first, enforceable and cassation instance;

Criminal litigation in case resolution by concluding an agreement with the prosecutor’s office;

Criminal litigation in the discharge of criminal liability by imposing an administrative penalty;

Providing legal assistance, protection and assistance to victims of crime;

Providing legal assistance, protection and assistance to victims of traffic accidents, accidents at work and benefits;

Protection, assistance and assistance to witnesses summoned by law enforcement agencies (MoI) or pre-trial authorities and in the course of court proceedings;Criminal Lawyers & Defence Solicitors, Bulgaria criminal lawyer, Defence lawyer Bulgaria, murder, drugs cases, Defence solicitor Bulgaria, Criminal law

Providing legal assistance, protection and assistance to an injured person in private-criminal cases – insult; defamation; slight bodily injury;

Providing legal assistance, protection and assistance in the face of police violence;

Our main activity as a criminal defence solicitors & criminal lawyers are following: 

Participation in the conduct of investigative and judicial proceedings;

Assistance and assistance in the return of material evidence which has been seized during the investigation and return of the guarantees provided.

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