MILITARY COURTS AND MILITARY PROSECUTION OFFICES • MILITARY OFFENSES

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.