Stages of proceedings under the Extradition and European Arrest Warrant Act

When a court has ordered provisional detention, a change in circumstances may justify asking the district court for a less restrictive measure, provided it will suffice to secure the person’s participation in the extradition proceedings. The procedure is similar to applying to vary a measure of restraint during the pre-trial stage of criminal proceedings.

Technological advances have made less restrictive conditions practicable for persons whose detention is sought. In the author’s experience, courts increasingly order house arrest monitored electronically instead of the most restrictive measure, detention in custody.

If the period of restraint expires without an extradition request arriving in time, the supervising prosecutor at the district prosecutor’s office must lift provisional detention on their own initiative. The statute expressly gives this power only for provisional detention; in the author’s view it should be interpreted to extend to other procedural measures of restraint. In practice, defence counsel will often need to apply to have the measure lifted. Counsel should also ask the supervising prosecutor to withdraw the domestic wanted alert so that it does not restrict the person’s movement. The person should be advised that leaving Bulgaria may expose them to arrest in another country on the same request.

This article is not a legal opinion or advice concerning any specific situation or person. For assistance with a European arrest warrant or any other matter concerning criminal law or detention, consult a criminal lawyer.