Extradition proceedings and defence when a European arrest warrant has been issued

To initiate extradition proceedings, the requesting state or an international court must submit a request to the Bulgarian Ministry of Justice. The request must be accompanied by the documents specified in Article 9(3) of the Extradition and European Arrest Warrant Act. It must be in writing, in the language of the requesting state, with a Bulgarian translation and all necessary attachments. It may be submitted directly to the Ministry of Justice, through Interpol or by another agreed channel. On receipt, the minister or an authorised official checks whether the request and attachments comply with Bulgarian law and the applicable international agreements.

If there are no grounds to return the request, it is forwarded to Bulgaria’s Supreme Cassation Prosecutor’s Office for further review. The competent district court hears the case at first instance. Territorial jurisdiction depends on where the requested person was located at the time of arrest.

Extradition proceedings have several stages. At each stage, the lawyer defending the person whose extradition is sought has distinct duties and responsibilities.

Provisional arrest is optional: the requesting state may apply for it. Its purpose is to prevent the requested person from absconding to avoid prosecution or enforcement of a sentence, and to ensure that they are present for the extradition proceedings in Bulgaria. Provisional detention may last up to 40 days unless an international treaty provides for a longer period. Under the treaty with the United States, for example, the period is 60 days.

The provisional arrest procedure is simpler than the extradition proceedings themselves. It starts with a request that requires no mandatory attachments and may be addressed to the Ministry of Justice or directly to the Supreme Cassation Prosecutor’s Office. It may be sent by post, fax, telex or any other means that provides a written record of receipt and content (Article 13(4) of the Act). In practice such requests are commonly sent through Interpol, with the information in a Red Notice serving as a request for arrest. The Act does not require the requesting authority to provide a Bulgarian translation. The Bulgarian authorities arrange one under Article 21(1) of the Code of Criminal Procedure, which makes Bulgarian the language of the proceedings.

A provisional arrest request must contain certain information. Under Article 13(2) of the Act, it must indicate the existence of a detention order, a charge or a judgment. It must also give details of the offence for which extradition is sought, including when and where it was committed, and information identifying the person sought.

Once the person is located in Bulgaria, the Supreme Cassation Prosecutor’s Office issues an order for detention for up to 72 hours and forwards the request and accompanying documents to the competent district prosecutor’s office. That office applies to the district court for provisional arrest, attaching the file received from the Supreme Cassation Prosecutor’s Office. In practice, a prosecutor designated to supervise the case at district level handles these steps.

The district court opens provisional arrest proceedings. It checks whether the documents are complete and whether the requirements of the Act are met, for example whether a treaty with the requesting state or a basis in reciprocity exists. It also examines the conditions under Article 5, including dual criminality and whether there is a judgment or other instrument supporting detention. The court considers urgency, such as a risk that the person may abscond or a need for prompt action. If a condition is missing, it may dismiss the prosecutor’s application. Although the court does not decide the admissibility of extradition or the grounds for refusal at this stage, an obvious ground of that kind should be brought to its attention and taken into account.

The district court rules on detention at the hearing, records its order in the minutes and sets a date for proceedings before the competent court of appeal. The order may be appealed within three days.

If a European arrest warrant has been issued for you or someone close to you, if the person has been remanded in custody, or if you expect such a warrant, contact a criminal lawyer who can advise you and represent you in court.