NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE The FD about Probation and Alternative Sanctions is transposed in the Law on Recognition, Execution and Transmission of Court Decisions on Probation with a view of Supervision over the Probation Measures and Alternative Sanctions, enforced on 28 April 2012.49 The regional court at the place of residence of the person is in charge to hear the proceeding. 50 Among the other probation measures prescriptions for the convicted person related to the behavior, residence, education or training, recreational activities, or containing restrictions or conditions in connection with the performance of a professional activity51 and obligation of the convict to undergo therapeutic treatment or treatment for addictions are included.52 When the nature or duration of the imposed probation measure or alternative sanction or the duration of the probation period are incompatible with the Bulgarian legislation, the Bulgarian competent authority may adapt them in accordance with the nature and duration of the punishments provided for in the Bulgarian legislation for similar acts. The adapted probation measure, alternative sanction or the duration of the probationary period shall comply as much as possible with that imposed in the issuing country. 53 Adapted punishments may not be more severe or longer than those originally imposed. 54 The court may refuse to recognise a decision for probation or alternative sanctions and may refuse to exercise supervision over probation measures or alternative sanctions, when the court decision provides for medical or therapeutic treatment over which Bulgaria cannot exercise supervision in accordance with the current Bulgarian legislation. 55 However, no case law has been identified in implementation of this provision. After receiving the decision and the notification to it, the court starts recognition proceedings and schedules the hearing within 7 days. The court examines the case in a three judges panel, in an open court hearing, with the mandatory participation of a prosecutor and the summoned convicted person. The failure of the person to appear when regularly summoned is not an obstacle to the consideration of the case. When the person cannot be found to be regularly summoned, a public defender is appointed for him/her and the case is heard in his/her absence. The court acquaints the convicted person or his/her lawyer with the decision for probation/ alternative sanctions. The court may request additional information directly from the competent authority of the issuing country, setting a deadline for its receipt and postponing the pronouncement of a decision on recognition until the expiry of this deadline. The court hears the prosecutor, the convicted person and his/her lawyer and adjourns to a conference for an immediate decision. 56 Bulgaria, Law on Recognition, Execution and Transmission of Court Decisions on Probation with a view of Supervision over the Probation Measures and Alternative Sanctions (shortly, Alternatives and Probation Transposing Act) (Закон за признаване, изпълнение и изпращане на съдебни решения за пробация с оглед упражняване на надзор върху пробационните мерки и алтернативните санкции), ( 28.04.2012), available in Bulgarian at: https://www.lex.bg/bg/laws/ldoc/2135782661. 50 Bulgaria, Alternatives and Probation Transposing Act, Art. 8. 51 Bulgaria, Alternatives and Probation Transposing Act, Art. 4, item 4. 52 Bulgaria, Alternatives and Probation Transposing Act, Art. 4, item 10. 53 Bulgaria, Alternatives and Probation Transposing Act, Art. 5. 54 Bulgaria, Alternatives and Probation Transposing Act, Art. 5, para. 4. 55 Bulgaria, Alternatives and Probation Transposing Act, Art. 15, para. 1, item 11. 56 Bulgaria, Alternatives and Probation Transposing Act, Art. 16. 49 22 SLAVKA KUKOVA