Grounds for refusing extradition under Bulgaria’s Extradition and European Arrest Warrant Act

The Extradition and European Arrest Warrant Act distinguishes between two kinds of grounds for refusing extradition: mandatory grounds, on which the court must refuse extradition (Article 7), and discretionary grounds, on which the decision is left to the court (Article 8).

The court must refuse extradition in the following cases:

1. The offence is political or connected with political activity, unless Bulgarian law or an international treaty binding on Bulgaria excludes its classification as a political offence.
2. It is a military offence that is not an offence under ordinary criminal law.
3. The person would be tried by an extraordinary court, or a sentence imposed by such a court would be enforced against them.
4. The purpose of extradition is to prosecute or punish the person on grounds of race, religion, nationality, ethnic origin, sex, civil status or political beliefs, or the person risks discrimination on any of those grounds.
5. The person could face violence, torture or inhuman treatment in the requesting state, or their rights in the criminal proceedings or in the enforcement of the sentence are not guaranteed.
6. The offence is covered by an amnesty, or prosecution or enforcement of the sentence is time-barred under the law of Bulgaria or the requesting state.
7. A Bulgarian court has already delivered judgment against the person for the same offence.
8. The offence carries the death penalty in the requesting state, unless that state gives assurances that the penalty will not be carried out or will be commuted.

The court may refuse extradition in the following cases:

1. The offence falls within the jurisdiction of the Bulgarian courts.
2. Criminal proceedings in Bulgaria for the same offence have been discontinued.
3. Proceedings for the same offence are pending in Bulgaria.
4. Judgment was given in the person’s absence and they were not informed of the proceedings, unless the requesting state guarantees a fresh hearing at which the person can exercise their right of defence.
5. The offence was committed outside the requesting state and Bulgarian law does not permit proceedings in comparable circumstances.

The Act sets out the conditions for extradition and the grounds for refusal in detail. In most cases, the documents accompanying the extradition request make it possible to establish whether those conditions or grounds exist. This article is for information and does not constitute a legal opinion or advice concerning any particular situation or person. For assistance with a European arrest warrant or another matter involving criminal law or detention, consult a lawyer who practises criminal law.