- Upon DETENTION under Art.72 of the Ministry of Interior Act.
- Upon PLACEMENT in TRANSIT ZONE/DETENTION FACILITY at BORDER CHECKPOINT.
- Upon imposed Measure of restraint „PRE-TRIAL DETENTION“ under Criminal Procedure Code.
- Upon TRAFFIC ACCIDENT with casualties.
Right to legal defense - IMMEDIATELY.
In the above emergency cases, using the various contact channels with ATTORNEY IVANOV, it is RECOMMENDED to also send an SMS with text: "URGENT".
DETENTION ORDER under Art.72 of Ministry of Interior Act
The detention period CANNOT exceed 24 hours! If the detainee is not charged under the Criminal Procedure Code within 24 hours of police detention, they must be released!
Right to legal defense - immediately - from the moment of detention/restriction of freedom of movement.
ACCUSED
ACCUSED is the person against whom criminal charges have been brought during the pre-trial phase (investigation).
Right to legal defense - immediately.
DEFENDANT
In criminal proceedings, when an indictment has been filed in court, we refer to DEFENDANT.
Right to legal defense - immediately.
WITNESS
Rights:
1. To use notes when giving testimony.
2. To examination by delegation, as well as to refuse to testify.
3. To compensation for lost workday and expenses incurred.
4. To request annulment of acts that violate their rights and legitimate interests.
5. To immediate protection measures (Protected witness).
Right to legal defense from the moment of summons.
VICTIM / INJURED LEGAL ENTITY
Victim is a natural person who has suffered pecuniary/non-pecuniary damages from a crime. In criminal proceedings may join as Private Prosecutor and/or Civil Claimant.
Injured Legal Entity is an organization that has suffered pecuniary damages from a crime. In criminal proceedings may join as Civil Claimant.
Right to legal defense - immediately.
PRIVATE PROSECUTOR
The victim who has suffered pecuniary or non-pecuniary damages from a crime prosecuted under general procedure has the right to participate in criminal proceedings as Private Prosecutor.
Right to legal defense at every stage of criminal proceedings.
PRIVATE COMPLAINANT
The victim of a crime prosecuted by private complaint may bring and maintain charges before the court as Private Complainant.
Right to legal defense at every stage of criminal proceedings.
CIVIL CLAIMANT
The victim or their heirs, as well as legal entities that have suffered damages from the crime, may file a civil claim for compensation in criminal proceedings and establish themselves as Civil Claimants.
Right to legal defense at every stage of criminal proceedings.
CIVIL DEFENDANT
Persons against whom a civil claim is filed, except the defendant, participate in criminal proceedings as Civil Defendants.
Right to legal defense at every stage of criminal proceedings.
COERCIVE PROCEDURAL MEASURES (CPM) under Criminal Procedure Code
1. Measures of restraint (Art.58): written undertaking; bail; house arrest; pre-trial detention.
2. Prohibition from leaving the country (Art.68); consequences of violation (Art.68a).
3. Compulsory appearance (Art.71).
4. Removal from office (Art.69).
5. Victim protection measures (Art.67).
6. Securing of fine/confiscation/forfeiture and property sanction (Art.72); management of secured property (Art.72a).
7. Securing of civil claim (Art.73).
8. Securing of costs (Art.73a).
Right to legal defense - immediately - from the moment of imposition of CPM.
PROHIBITION FROM LEAVING THE REPUBLIC OF BULGARIA (under Art.75, 76 and 76a of Identity Documents Act)
Right to legal defense - immediately - from the moment of imposition of the Compulsory Administrative Measure (CAM).
PROHIBITION OF ENTRY AND STAY IN THE REPUBLIC OF BULGARIA AND SCHENGEN with SIS entry (Art.39a, 42z, 44v of Foreigners in Bulgaria Act)
Right to legal defense - immediately - from the moment of imposition of the Compulsory Administrative Measure (CAM).
ONE-TIME ENTRY DENIAL AT BORDER CHECKPOINT IN THE REPUBLIC OF BULGARIA (Art.14 Schengen Borders Code) - with EES System entry
Right to legal defense - immediately - from the moment of imposition of the Compulsory Administrative Measure (CAM).
VISA REFUSAL (Visa Code: Reg. (EC) No. 810/2009, as amended by Reg. (EU) 2019/1155; Reg. (EU) 2021/1134)
Right to legal defense - immediately - from the moment of notification/learning of refusal.
APPLICATION FOR STATUS AND PROTECTION OF FOREIGN NATIONALS
Legal defense, assistance and procedural representation when applying for asylum, status or temporary protection in the Republic of Bulgaria. Assistance with imposed compulsory administrative measures (CAM): accommodation in SDVNCH, as well as detention under Ministry of Interior Act or placement in transit zone/detention facility at border checkpoint.
Right to legal defense - immediately.
COMPULSORY MEDICAL MEASURES (CMM) under Art.89 Penal Code (in proceedings under Art.427-432 CPC)
1. Release to relatives with outpatient supervision.
2. Compulsory treatment in regular psychoneurological institution.
3. Compulsory treatment in specialized psychiatric hospital/ward.
Right to legal defense - immediately - from the moment of first procedural act regarding the person, in connection with request for imposition of compulsory medical measure under Art.89 Penal Code (incl. appearance/detention, summons, appointment or hearing of expert evaluation); in all cases - no later than filing of prosecutor's motion under Art.427 CPC.
MANDATORY PLACEMENT AND TREATMENT (Art.155-163 and 165 Health Act)
1. Outpatient mandatory treatment.
2. Inpatient mandatory treatment.
Right to legal defense - immediately - from the moment of first state action affecting rights or restricting freedom of movement (incl. temporary placement under Art.154 Health Act); in all cases - no later than filing of prosecutor's motion/first summons under Art.157–158 Health Act.
OPERATING MOTOR VEHICLE IN VIOLATION OF TRAFFIC RULES • TRAFFIC ACCIDENT while operating motor vehicle (Criminal liability under Penal Code)
→ Driving after consumption of alcohol (≥ 1.2‰), narcotic substances/their analogues or refusal of test (Art.343b Penal Code).
→ Driving without license - within one year of administrative penalty for same act or during period of disqualification from operating motor vehicle (Art.343v Penal Code).
→ Operating unregistered motor vehicle, false plates/forged numbers (Art.345 Penal Code).
→ Providing motor vehicle to unlicensed/drunk/drugged driver (Art.343e Penal Code).
→ Traffic accident with violation of traffic rules: 1/ Criminal liability under Art.342 and 343 Penal Code (with heavier sanctions for qualified cases). 2/ Criminal liability under Art.122-129 Penal Code may arise also when operating non-motor vehicle (bicycle/animal-drawn vehicle/other), if traffic rules violation caused result: medium/severe bodily injury or death.
Right to legal defense - immediately (both for perpetrator and for victim(s) in traffic accident)
INTERNATIONAL WANTED PERSON • Legal Assistance before identification and detention (INTERPOL • SIS • EAW • EUROPOL • ENFAST)
- Right to legal defense - immediately → power of attorney; secure communication channel 24/7.
- Status check → through attorney → SIS (via SIRENE bureau), INTERPOL (to CCF for access/correction/deletion), EUROPOL (DSAR).
- No contacts and/or disclosure of whereabouts /locations /routes to third parties.
- Right not to incriminate yourself (right to silence). Statements/declarations/signing documents → through attorney; exception – when legally required identity verification.
- Preparation of evidence for lighter measure → address, family/employment ties, court rulings, medical documents.
- Travel → refrain until clarification (risk of "hit" in SIS/INTERPOL).
- Strategy for voluntary surrender → through attorney → pre-negotiated guarantees/logistics.
EXTRADITION and SURRENDER under EAW
1. Extradition (outside EU) – upon request of Republic of Bulgaria (when identified and detained in territory of another state).
2. Extradition (outside EU) – upon request of another state (when identified and detained in territory of Republic of Bulgaria).
3. EAW (within EU) – surrender under EAW issued by Republic of Bulgaria (when identified and detained in territory of another member state).
4. EAW (within EU) – surrender under EAW issued by another member state (when identified and detained in territory of Republic of Bulgaria).
Right to legal defense - immediately - from moment of detention. Strongly recommended engagement of two attorneys: attorney in executing state (where you are detained, engaged with case/measure) and attorney in issuing/requesting state (engaged with guarantees, "specialty", statute of limitations, documents; guarantees for conditions, trial, health; negotiations and possible withdrawal/corrections of EAW).
MILITARY COURT AND MILITARY PROSECUTOR • MILITARY CRIMES
Cases where Criminal Proceedings fall under competence of Military Prosecutor and Military Court (unless within competence of European Public Prosecutor):
→ When perpetrator is military personnel (regardless whether act committed "on duty" or not).
→ When person is reservist on active duty or wartime service member.
→ When person is civilian employee in Ministry of Defense/Armed Forces/subordinate structures, NSO or State Agency for Refugees and act is "during or in connection with" service.
→ When there is mixed participation — at least one participant is military.
Structure/Judicial Instances: 1/ Military District Prosecutor and corresponding Military Court (Sofia, Plovdiv and Sliven). 2/ Military Appellate Prosecutor and Military Appellate Court (Sofia). 3/ Supreme Court of Cassation.
Measures of restraint: 1/ For career military and civilian employees: general measures under CPC (Recognizance; Financial guarantee; House arrest; Pre-trial detention). 2/ For reservists on active duty/wartime persons: special measures — supervision in unit or detention in barracks/common areas.
Right to legal defense - immediately (from moment of summons, detention or first procedural act against person); Witness - from moment of summons.
LEGAL ASSISTANCE AND CONSULTANCY FOR REAL ESTATE PURCHASE
In the territory of: Sofia - 1000, Republic of Bulgaria; "Central Macedonia" Region, Republic of Greece; and "Provence-Alpes-Côte d'Azur" Region, Republic of France; to prevent fraudulent practices and real estate fraud.
LEGAL ASSISTANCE, CONSULTANCY AND PROCEDURAL REPRESENTATION REGARDING FIREARMS PERMIT
Legal assistance and consultancy when applying for firearms permit from Ministry of Interior, as well as procedural representation when appealing refusal to issue or revocation of already issued permit.