Authorities authorized to detain and places of custody
| Authority | Legal basis | Duration / place |
|---|---|---|
| Ministry of Interior police authorities | Articles 72–74 of the Ministry of Interior Act | Up to 24 hours from actual detention, in police detention premises. The person must be released immediately if the grounds cease to exist. |
| Authorized State Agency for National Security officers | Articles 124b and 124v of the State Agency for National Security Act, read with Article 4(1), item 11 or 13 | Up to 24 hours where there is information concerning the offenses specified by the Act. This is a special statutory detention power, not general authority to investigate under the Criminal Procedure Code. |
| Prosecutor | Article 64(2) of the Criminal Procedure Code | Up to 72 hours where necessary to bring the accused before the court on an application for remand in custody. The prosecutor’s order does not replace the judicial decision on remand. |
| Military Police | Articles 13 and 14 of the Military Police Act | Article 13 permits detention of up to 24 hours on the statutory grounds for the specified categories of persons. Article 14 concerns other persons on its special grounds, with immediate police notification and handover. The two regimes differ. |
| Military prosecutor | Article 64(2) of the Criminal Procedure Code and the special rules for military proceedings | Up to 72 hours to bring the accused before the competent military court on an application for remand, subject to the statutory conditions and judicial control. |
| Migration Directorate — compulsory placement in a special facility for foreign nationals | Article 44(5)–(10) and Article 46a of the Foreigners in the Republic of Bulgaria Act | For arranging return or expulsion on the statutory grounds, after an individual assessment and consideration of less restrictive measures. For adults, up to six months, exceptionally up to twelve additional months only on the specified grounds; decisions are subject to judicial review. Release is required if the grounds cease or no reasonable prospect of removal remains. Separate restrictions apply to children. |
| Execution of a final custodial sentence | Execution of Punishments and Detention in Custody Act | Serving the imposed term of imprisonment in the institution prescribed by law. This differs from police detention and pretrial measures to secure appearance. |
| The right to legal defense arises from detention or an actual restriction of liberty. | ||
Legal basis: Ministry of Interior Act; State Agency for National Security Act; Military Police Act; Criminal Procedure Code; Foreigners in the Republic of Bulgaria Act.