The globalization of the world has also led to the globalization of criminal activity, which in turn has increased the number of cases of Bulgarian citizens being convicted abroad for crimes committed on the territory of a foreign country. When the sentence imposed is imprisonment, the law provides for the possibility of serving the sentence on the territory of the Republic of Bulgaria.
It is precisely the procedure for recognizing foreign convictions and transferring Bulgarian citizens convicted abroad that is the subject of this article.
Recognition of foreign convictions in cases of sentencing abroad – cases from our law firm
The first case concerns a Bulgarian citizen convicted in the Republic of Hungary for illegally transporting a large group of illegal migrants from the Middle East across the country’s border. The crime was committed as part of an organized criminal group formed for the systematic commission of such acts. The convicted person is serving his sentence of imprisonment in a Hungarian prison. With the assistance of the law firm, an application has been filed for the transfer of the convicted person to serve the remainder of his sentence in a prison at his permanent address in the Republic of Bulgaria.
The Bulgarian court has sent a request to the Hungarian authorities to provide the court decision imposing the sentence in order to activate the procedure for recognition of the sentence and its enforcement on the territory of the Republic of Bulgaria.
Despite their obligation to cooperate with the Bulgarian court, the Hungarian authorities are deliberately delaying the process, while the Bulgarian prisoner is subjected to regular beatings by prison guards and is completely deprived of the opportunity to leave his cell. Due to the failure of the Hungarian authorities to fulfill their obligations to provide the documents requested by the Bulgarian court, a request for assistance has been submitted to the European Union’s criminal justice cooperation unit.
The second case concerns a Bulgarian citizen convicted in the Republic of Greece for cross-border drug trafficking. He was sentenced to imprisonment, which he is serving in a Greek prison. With the assistance of the law firm, an application was filed for the transfer of the convicted person to serve the remainder of his sentence in a prison at his permanent address. At present, the case has been examined by the Bulgarian court, the prisoner has been transferred to the territory of the Republic of Bulgaria, and an application for conditional early release is pending.
Conditions for recognition of foreign sentences in a5> conviction in a foreign country and transfer of the convicted person
In order for a sentence imposed in another European Union member state to be recognised and enforced, the act for which the Bulgarian citizen has been convicted abroad must also constitute a crime under Bulgarian law. This is known as double criminality.
This is not required for 32 types of crimes where the penalty provided for them in the country that issued the sentence is imprisonment for a term of not less than three years. These crimes are:
Procedure for the recognition of foreign convictions in cases of conviction abroad and transfer of the convicted person
The procedure for recognizing a foreign sentence in the case of a conviction abroad and the transfer of the convicted person usually begins with a request from the convicted person to the competent Bulgarian court, which sends a request for the court decision and accompanying documentation to the court that imposed the prison sentence.
After receiving the judgment and accompanying documentation, the Bulgarian court is required to schedule a public hearing within 14 days, during which it will decide whether to recognize and enforce the judgment.
IMPORTANT! When rendering its decision, the Bulgarian court is obliged to reduce the sentence imposed abroad if the maximum term provided for in Bulgarian law is higher than that imposed by the foreign sentence. For example, if Bulgarian law provides for a sentence of ten to twenty years’ imprisonment for murder, and the sentence imposed by the foreign country is life imprisonment, the Bulgarian court will reduce the sentence to twenty years. In all cases the sentence served up to the moment of recognition of punishment shall be be deducted.
IMPORTANT! It is possible that the sentence imposed abroad does not correspond in type to the penalties provided for in Bulgarian law for this crime. In this case, the Bulgarian court will adjust it, but cannot impose a sentence that is more severe in type or duration than that already imposed by the foreign country.
Upon request for recognition of a foreign judgment in the case of a conviction abroad, the court shall rule immediately.
The convicted person shall be transferred to serve the sentence recognized and accepted for enforcement on a date and at a time agreed in advance between the competent authorities of the foreign state that handed down the sentence and the competent Bulgarian national authority. The transfer must take place no later than 30 days from the date on which the Republic of Bulgaria has accepted the sentence for enforcement by a final court decision.
It is possible that the transfer of the convicted person may be impeded by a number of unforeseen circumstances (e.g., closure of borders due to an emergency epidemic situation). In such circumstances, the authorities of the issuing state are obliged to notify the Republic of Bulgaria immediately and agree on a new date for the transfer.
IMPORTANT! In some cases of convictions abroad, the competent authorities of the issuing country abuse the exception related to the prevention of transfer due to unforeseen circumstances. In such cases, the Bulgarian authorities request assistance from the unit for cooperation in criminal matters or from the diplomatic missions of the Republic of Bulgaria in the issuing state concerned.
In conclusion
The procedure for recognizing and accepting the enforcement of a foreign sentence in the case of a conviction abroad, as well as for transferring the convicted person to their country of origin, can be interpreted as a form of compliance with the prohibition of torture, inhuman and degrading treatment, as provided for in the European Convention on Human Rights.
This is because, first of all, prisoners often do not know the language of the country that convicted them, which means that they are completely deprived of the opportunity to communicate with other prisoners.
Furthermore, this procedure also contributes to ensuring the right to defense and a fair trial for the benefit of the convicted person, insofar as when convicted abroad, they rarely have the opportunity to appoint a criminal lawyer of their choice, but are instead assigned a public defender selected from the relevant lists of the sentencing country.
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Sole proprietorship law firm company “Silvia Petkova” has qualified lawyers in international criminal a12> law with experience in the field of recognition of foreign sentences in a19> conviction in foreign countries and transfer of convicted persons to a24> for serving the remainder of their sentence in the Republic of Bulgaria.
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