The Code of Criminal Procedure allows the accused to reach an agreement with a representative of the Prosecutor\u2019s Office of the Republic of Bulgaria. Under the agreement, the accused admits guilt. This differs from an abbreviated trial, in which the defendant admits the facts on which the prosecution bases its legal conclusions. In an abbreviated trial a defendant may admit all the facts in the indictment and still be acquitted. An acquittal is not possible under an approved plea agreement.<\/p>\n
An agreement can be reached no earlier than the completion of the investigation. The prosecutor submits the proposed agreement to the court competent to hear the indictment and open the criminal case. The agreement is between the prosecutor and the accused, but the prosecutor and defence counsel prepare and discuss it, so representation by a lawyer is mandatory. If the accused has no lawyer of their own, counsel is appointed for the proceedings, also to avoid doubt about the prosecutor\u2019s role and conduct. An agreement cannot be concluded in proceedings in absentia: the Code requires the prosecutor, defence counsel and the accused to participate. The court asks the defendant whether they understand the charge, admit guilt, understand and accept the consequences of the agreement, and signed it voluntarily. These questions require the defendant\u2019s presence in the courtroom. If the court approves the agreement at the hearing, it terminates the proceedings. The agreement takes effect immediately and has the effect of a judicial decision. It is not subject to further ordinary examination or appeal, and the court\u2019s approval order is final.<\/p>\n
Since defence counsel must participate in the procedure for reaching an agreement with the prosecution, we advise contacting a lawyer who specialises in criminal law. If you cannot retain a lawyer, one will be appointed to safeguard your rights and interests in the proceedings.<\/p>\n
This article is not a legal opinion or advice on any particular situation or person. For legal assistance in a similar case, consult a criminal defence lawyer.
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