Criminal law, detention, and change of preventive measure

Criminal law comprises a body of legal rules governing social relations arising from acts classified as criminal offences. The commission of such acts gives rise to the criminal liability of the perpetrator.

Under the Constitution of the Republic of Bulgaria, everyone has the right to legal counsel from the moment of detention or from the moment they are formally charged. Furthermore, “no one may be compelled to plead guilty, nor may anyone be convicted solely on the basis of their confession.”
An accused person has the right to appoint a lawyer from the moment charges are brought against them or from the moment measures are taken for their detention. The lawyer is obliged to keep confidential all circumstances and information disclosed by the accused person.
The accused person’s right to legal defence is constitutionally guaranteed, and its protection is consistent with the international instruments to which the Republic of Bulgaria is a party.

When should you seek the assistance of a criminal defence lawyer?
Where criminal charges are expected to be brought against you, it is advisable to seek the assistance of an experienced criminal defence lawyer who will help you protect your rights.
It is also important to be aware of your rights when dealing with a matter related to criminal law.
The accused person has the following rights:
• to be informed of the criminal offence with which they have been charged and of the evidence on which the charges are based;
• to examine the case file, including information obtained through the use of special intelligence means, and to make the necessary notes and extracts;
• to present evidence and participate in the criminal proceedings;
• to make requests, comments and objections;
• to appeal acts that adversely affect their rights and legitimate interests, and to be represented by defence counsel.

The primary role of a criminal defence lawyer is to provide the best possible defence for their clients, to assess all available legal options and to seek the most favourable possible outcome for the person they represent.

A criminal defence lawyer must examine the case file, appeal acts of the prosecution authorities or the court where necessary, represent the client before the court, prepare and present the defence pleadings, and perform all other actions necessary for the effective protection of the client’s rights and legitimate interests.