Provisional arrest in extradition proceedings: procedure and legal framework

Provisional detention, extradition and criminal proceedings before the court

Provisional arrest is not a mandatory stage of extradition. The requesting state may seek it to prevent the person from absconding to avoid prosecution or serving a sentence. For the Bulgarian authorities, the measure secures the person’s attendance at the hearing on extradition itself.

Provisional detention may last up to 40 days unless a treaty provides for a longer period. Under the treaty between Bulgaria and the United States, for example, the period is 60 days. The procedure is considerably simpler than extradition itself and begins with a specific request from the requesting state.

The provisional arrest procedure has the following elements:

1. Submitting the request. The request is submitted to the Ministry of Justice or directly to the Supreme Cassation Prosecutor’s Office. Under Article 13(4) of the Extradition and European Arrest Warrant Act, it may be sent by post, fax, telex or any other means providing written evidence of receipt and content. In practice, requests are often transmitted through Interpol, with the information in a Red Notice serving as the arrest request.
2. Language requirements. The Act does not require the requesting authority to supply a Bulgarian translation. The Bulgarian authorities normally arrange one under Article 21(1) of the Code of Criminal Procedure, which establishes Bulgarian as the language of court proceedings.
3. Contents of the request. Under Article 13(2) of the Act, it must identify a detention order, a formal charge or a conviction; state the requesting state’s intention to submit an extradition request; describe the offence, including when and where it occurred; and provide information identifying the person sought.

The arrest procedure in Bulgaria begins when the person is located in the country. The Supreme Cassation Prosecutor’s Office issues an order for detention for up to 72 hours. The request and accompanying documents are forwarded to the competent district prosecutor’s office.

Applying to the court for detention is a separate step. The district prosecutor’s office asks the competent district court to order provisional detention and attaches the file received from the Supreme Cassation Prosecutor’s Office. Although the Act refers to the district prosecutor, in practice the assigned supervising prosecutor carries out these steps and oversees the proceedings as a whole.

In conclusion, provisional arrest helps ensure that extradition proceedings can be effective. It aims both to prevent flight and to help the Bulgarian authorities secure the person’s presence. The simplified procedure is designed to enable the states involved to cooperate quickly.

If you or someone close to you has been provisionally detained, or if you expect documents from a criminal court, consult a criminal lawyer who can advise and represent you. This article is not a legal opinion or advice from Mihail Tomov, attorney at law, and does not concern a particular situation or person. For assistance with a European arrest warrant or any matter involving detention, consult a lawyer who practises criminal law.