Criminal Defense
Attorney

Detention under Article 72 of the Ministry of Interior Act may not exceed 24 hours. The person must be released sooner if the grounds cease to exist. Any deprivation of liberty after that period requires a separate legal basis and an appropriate decision by the competent authority.

Charging a person does not, by itself, extend police detention. A prosecutor’s detention order of up to 72 hours under Article 64(2) of the Criminal Procedure Code is a separate measure to bring the accused before the court on an application for remand in custody; it is not automatic.

The right to legal defense arises immediately upon detention or an actual restriction of freedom of movement.

Legal basis: Articles 72–74 of the Ministry of Interior Act; Article 64(2) of the Criminal Procedure Code.

An ACCUSED PERSON is a person formally brought into that procedural capacity under the conditions and procedure established by Article 54 of the Criminal Procedure Code. At the pretrial stage, charging is governed by Article 219. At the court stage, the person against whom the charge is being tried has the status of a defendant.

The right to legal defense — immediately.

A DEFENDANT is the person against whom the charge is being tried at the court stage. Court proceedings may be instituted on an indictment filed by a prosecutor or, for privately prosecuted offenses, on the injured party’s complaint. This status is therefore not limited to cases brought by indictment.

The right to legal defense — immediately.

A witness must attend when duly summoned and give truthful testimony unless the law permits refusal. The principal rights include:

• Refusing to testify in the circumstances specified in Article 119, and declining to answer questions that could incriminate the witness or the relatives identified in Article 121(1) of the Criminal Procedure Code. There is no unconditional right for every witness to refuse all testimony.
• Attending questioning with an attorney and consulting that attorney under Article 122(2). The attorney’s absence without a valid reason does not prevent questioning.
• Using notes in the witness’s possession concerning figures, dates, and other information relevant to the testimony; receiving compensation for a lost working day and reimbursement of expenses; and seeking revocation of acts that infringe the witness’s rights and legitimate interests under Article 122(1).
• Being questioned where the witness is located if illness or disability prevents attendance, under Article 120(2). Questioning by judicial delegation or video link is not an unconditional option at the witness’s sole discretion.
• Receiving protective measures where there are sufficient grounds to establish a real danger, upon the witness’s request or with consent, under Article 123; and using the remedies provided by law against measures affecting the witness.

Legal assistance may be sought as soon as a summons is received. The applicable rights and any permissible refusal to testify depend on the person’s procedural status and the particular question.

Legal basis: Articles 119–123 of the Criminal Procedure Code.

If a witness begins giving self-incriminating testimony during questioning, the authority must stop the questioning and explain the rights specified in Article 139(7). Further safeguards include access to counsel, legal aid, and interpretation where the respective conditions are met; corresponding rules apply to confrontations under Article 143(6)–(10).

Legal basis: Article 139(7)–(11) and Article 143(6)–(10) of the Criminal Procedure Code.

A victim is an individual who has suffered pecuniary or nonpecuniary harm as a result of a crime. In court proceedings, a victim may join as a private prosecutor and/or a civil claimant.

An injured legal entity is an organization that has suffered pecuniary harm as a result of a crime. In court proceedings, it may join as a civil claimant.

The right to legal defense — immediately.

A victim who has suffered pecuniary or nonpecuniary harm from a publicly prosecuted crime is entitled to participate in the court proceedings as a private prosecutor.

The right to legal assistance at every stage of the court proceedings.

The victim of a crime prosecuted upon the victim’s private complaint may bring and maintain the prosecution before the court as a private complainant.

The right to legal assistance at every stage of the court proceedings.

The victim or the victim’s heirs, as well as legal entities that have suffered harm from the crime, may bring a civil claim for damages within the criminal court proceedings and join those proceedings as civil claimants.

The right to legal assistance at every stage of the court proceedings.

Persons against whom a civil claim has been brought, other than the criminal defendant, participate in the court proceedings as civil defendants.

The right to legal assistance at every stage of the court proceedings.

The right to legal defense — immediately upon the imposition of a procedural coercive measure.

The right to legal defense — immediately upon the imposition of a compulsory administrative measure.

The right to legal defense — immediately upon the imposition of a compulsory administrative measure.

A refusal of entry under Article 14 of the Schengen Borders Code is an individual reasoned decision, notified to the person concerned and subject to the applicable appeal procedure. It is not identical to a separate entry and residence ban. Refusal data are entered in the EES only where the person and border situation fall within that system’s scope.

Legal assistance may be sought as soon as entry is refused; where actual detention occurs, the safeguards against unlawful deprivation of liberty also apply.

The right to legal assistance — immediately upon notification of, or otherwise learning of, the refusal.

Legal defense, assistance, and representation in applications for asylum, status, or temporary protection in Bulgaria. Assistance in connection with compulsory administrative measures: placement in a special facility for the temporary accommodation of foreign nationals, detention under the Ministry of Interior Act, or placement in a transit zone or holding facility at a border crossing.

The right to legal defense — immediately.

The right to legal defense — immediately from the first procedural action concerning the person in connection with a request for compulsory medical measures under Article 89 of the Criminal Code, including compulsory appearance, detention, a summons, or the appointment or hearing of a forensic psychiatric expert; in all cases, no later than the filing of the prosecutor’s application under Article 427 of the Criminal Procedure Code.

The right to legal defense — immediately from the first state action that affects rights or restricts freedom of movement, including temporary placement under Article 154 of the Health Act; in all cases, no later than the prosecutor’s application or the first summons under Articles 157–158 of the Health Act.

→ Driving after alcohol or drug use: the basic offense under Article 343b(1) of the Bulgarian Criminal Code requires a blood alcohol concentration over 1.2‰, established by the prescribed procedure. Article 343b(2) separately covers driving with a concentration over 0.5‰ following a final conviction for the offense in paragraph 1. Driving after drug or drug-analog use, established by the prescribed procedure, is governed by paragraphs 3 and 4.

→ Refusal of testing: criminal liability requires the specific conditions of Article 343b(6)—driving and refusing a test after a previous administrative penalty for one of those acts—or paragraph 7, concerning refusal of testing or failure to comply with an examination order after involvement in a road traffic accident. Under paragraph 8, no punishment is imposed where the refusal under paragraph 6 or 7 results from circumstances beyond the person’s control. Where the elements of a criminal offense are absent, administrative liability under the Road Traffic Act must be considered.

→ Driving without the appropriate license or during disqualification: Article 343v(1) requires driving while serving a disqualification after a previous administrative penalty for the same act. Paragraph 2 concerns repeated driving without the appropriate license within one year of the administrative penalty.

→ Unregistered motor vehicles and registration plates: the separate offenses in Article 345 may apply; falsifying, obliterating, or damaging a vehicle identification number is assessed under Article 345a. Not every technical irregularity constitutes a crime.

→ Allowing an unlicensed driver, or a driver who has consumed alcohol or drugs, to use a motor vehicle: the prohibition is in Article 102(1), item 1, of the Road Traffic Act, with administrative consequences where its statutory conditions are met. The person providing the vehicle can incur criminal liability only if the specific conduct satisfies the elements of another applicable offense.

→ Accidents involving injured persons: Articles 342 and 343 apply where the elements of a transport offense are established. For negligent death or moderate/serious bodily injury caused by other road users, including users of nonmotorized vehicles, the general offenses in Articles 122 and 133 must also be examined, depending on the facts.

Legal defense should be sought immediately, both for the person whose liability is being investigated and for injured parties. The applicable version of the criminal law depends on the date of the act and the more-lenient-law rule in Article 2.

Legal basis: Articles 2, 122, 133 and 342–345a of the Criminal Code; Articles 102, 174 and 177 of the Road Traffic Act.

Military court jurisdiction is governed by Article 396 of the Criminal Procedure Code, except for offenses within the competence of the European Public Prosecutor’s Office. The person’s status and the statutory conditions matter, not merely the label attached to the offense.

→ Military personnel and the other categories expressly specified in Article 396(1); for military personnel, the act need not necessarily have been committed in the performance of military duties.

→ Reservists performing active service in the voluntary reserve and persons in wartime service, under Article 396(1), item 4.

→ Civilians serving in the Ministry of Defense, the Bulgarian Armed Forces, structures subordinate to the Minister of Defense, or the National Service for Protection, for offenses committed in the performance of or in connection with their duties, under Article 396(1), item 6.

→ Civilians acting as accomplices with persons in the categories specified in Article 396(1), as provided by Article 396(2).

Structure / judicial instances: 1. A military district prosecution office and the corresponding military court in Sofia, Plovdiv, or Sliven. 2. The Military Appellate Prosecution Office and Military Appellate Court in Sofia. 3. The Supreme Court of Cassation.

Measures to secure appearance: the ordinary measures in Article 58 must be distinguished from the special measures in Article 401 for persons covered by Article 396(1), item 4: close supervision within the unit and detention in barracks or ordinary detention facilities.

The right to legal defense arises immediately according to procedural status; if detained, from the restriction of liberty.

Legal basis: Articles 396, 399, 401 and 405 of the Criminal Procedure Code.

• Legal assistance should be sought immediately. A power of attorney and an appropriate secure communication channel should be arranged.
• Attorney-assisted checks and requests: exercising rights of access, rectification, or deletion under the applicable procedures for SIS, INTERPOL/CCF, and EUROPOL. These are not a single search covering every wanted-person record; access may be lawfully restricted. The CCF supervises INTERPOL data and is not a criminal court. EUROPOL does not issue European Arrest Warrants.
• An INTERPOL Red Notice is not an international arrest warrant. Its consequences and any authority to arrest depend on the applicable law. Absence from the public notices database does not establish that a person is not wanted.
• Confidentiality: client information is processed and disclosed only as necessary and in compliance with the law and professional confidentiality. Legal assistance does not include evading justice or a guarantee that legally required information will be withheld.
• The right to remain silent and protection against self-incrimination: their scope depends on procedural status. Seek legal assistance before giving explanations or signing documents; statutory identification and attendance duties remain applicable.
• Evidence supporting a less restrictive measure: address, family and employment ties, judicial decisions, and medical records.
• Travel: obtain an assessment of the risk of an alert match and arrest under the applicable procedure.
• Voluntary appearance: lawful arrangements and communication with the competent authorities through counsel. No assurance of non-arrest or a particular measure can be promised; any legally available safeguards require an individual assessment.

Legal basis: INTERPOL — Red Notices; EUROPOL — right of access.

The right to legal defense — immediately upon detention. Engaging two attorneys is strongly recommended: one in the executing state, where you are detained, to handle the proceedings and restraint measure; and one in the issuing or requesting state to address assurances, the rule of specialty, limitation periods, documents, safeguards concerning detention conditions, proceedings and health, negotiations, and possible withdrawal or amendment of the EAW.

For transactions in Sofia 1000, Bulgaria; the Region of Central Macedonia, Greece; and the Provence-Alpes-Côte d’Azur Region, France, with the aim of preventing improper practices and real estate fraud.

Legal assistance and consulting when applying to the Ministry of Interior for a firearms license, and legal representation when challenging a refusal to issue a license or the revocation of an existing license.