Who may act as defence counsel in Bulgarian criminal proceedings? The lawyer, the spouse and their rights

In criminal proceedings, the accused has a constitutional right to a defence. It is an essential part of the right to a fair trial. Bulgarian law, specifically the Code of Criminal Procedure, sets out who may act as defence counsel in a criminal case and what rights that role carries.

Under Article 91(1) of the Code, defence counsel may be a lawyer who is a member of the relevant bar association and practises in accordance with the law. In practice, lawyers are the principal and most common category of persons who represent the accused in court.

Article 91(2) of the Code expressly allows another group of people to act as defence counsel: the accused’s spouse and relatives in the direct ascending or descending line. This means that either spouse may lawfully defend the other in a criminal case without being qualified to practise as a lawyer.

To authorise a spouse to conduct the defence, the accused gives the spouse written authority to represent them in the criminal proceedings. The document is presented to the investigating authority or the court so that the spouse can be admitted to the proceedings as defence counsel.

A spouse acting as defence counsel has the full range of rights that the Code grants to the defence, including the right to:

• meet privately with the accused;
• inspect the case file and make the necessary extracts;
• submit evidence;
• take part in the criminal proceedings, including investigative acts;
• make applications, observations and objections;
• appeal decisions of the authorities that prejudice the rights and interests of the accused;
• delegate authority to another eligible person to act as defence counsel, with the accused’s consent.

Even without professional legal training, a spouse acting as defence counsel must act in good faith and in the accused’s interests. The law gives the spouse the same procedural standing as a lawyer acting for the defence, without requiring a law degree.

The spouse’s participation is optional. The accused may choose a lawyer, a spouse or both. Where representation is mandatory (for example, in cases involving certain serious charges or a disability that prevents the accused from conducting their own defence), defence counsel is appointed if the accused has not chosen one.

Bulgarian criminal procedure thus recognises the accused’s spouse as a person entitled to conduct the defence. This allows someone close to the accused, whom they trust, to defend them. That can be particularly valuable in sensitive proceedings. In a complex case involving difficult legal questions, it is often sensible for the spouse to work alongside a lawyer to ensure an effective, professional defence.