2.2 TRANSFER OF PRISONERS is a Vienna court decision27, by which the man is sentenced to 1 766 days of imprisonment (4 years and 10 months) for rape committed with threat and violence on 13.09.2019. According to the Bulgarian court, the crime corresponds to Art. 152, paragraph 1, point 2 and Art. 144, paragraph 3 of the Criminal Code. The man was previously sentenced by the Vienna court decision28 to 20 months imprisonment for theft of movable property items (television set, phone, etc, jewellery, clothes, as well as service access cards), committed between 13 and 15.09.2019. By decision of 23.05.2021 of the Regional Court for Criminal Cases in Vienna, the sentence was reduced to 18 months of imprisonment. Thus, from 19 September 2019 to 19 January 2020, the man was detained under his first sentence, and then began serving the second sentence. The Federal Office for Foreigners and Asylum in Austria issued a decision dated 21 September 2020 to deport the man and imposed an unlimited residence ban on him from 7 January 2020. On 8 December 2021, the Regional Court in Bulgaria29 held another hearing regarding the recognition of a third sentence30 of the man, handed down in Austria, which imposes 7 years imprisonment for acts that correspond to Art. 330 (arson), Art. 269 (hindering state official to fulfill his duties) and Art. 131 (bodily injury) of the Criminal Code that took place while the man was in the Austrian detention facility. The prosecutor and the public defender maintained a position of recognition and acceptance for execution of the sentence. The convicted man did not attend the hearing because he was serving a prison sentence in Austria and the case was being held in his absence. He did not consent in Austria to the transfer proceedings and the reasons for this were not discussed in any of the case hearings. On 15 March 2022 the convicted man was deported to Bulgaria. When he arrived in Bulgaria, he did not have any documents from the cases. He was given the decisions of the Regional Court in Burgas, Bulgaria on the second week of his stay in the prison. The third case is of a transfer from Germany to Bulgaria of a 38-years-old Bulgarian mentally incompetent offender. 31 It was initiated by the complaint of the public defender of the concerned person against the decision of the first instance Bulgarian court32 refusing recognition and acceptance for execution in Bulgaria of the 2019 decision of a German court. 33 The German court convicted the Bulgarian citizen of attempted unintentional murder in combination with dangerous bodily harm34 in the state of mental incompetence/criminal responsibility due to psychosocial disability in accordance with § 20 of the German Criminal Code, for which a measure including deprivation of liberty was applied to him in accordance with § 63 of the German Decision 115 Hv 107/19a, issued on 6.03.2020 by the Regional Court for Criminal Cases in Vienna, entered into force on 9.04.2020. 28 Decision 94 Hv 79/19d, issued on 15.10.2019 by the Regional Court for Criminal Cases in Vienna, entered into force on 19.10.2019. 29 Decision 154 of 8.12.2021, Regional Court in Burgas, Bulgaria. 30 Decision 113 Hv 106/20s, handed down and entered into force on 11.05.2021, of the Regional Court for Criminal Cases in Vienna. 31 Decision of 23.06.2022 of the Sofia Appellate Court under criminal case No. 471 SAC/2022. 32 Decision of 11.04.2022 of the Blagoevgrad Regional Court under criminal case No. 104/2020. 33 Decision of 17.1.2019 of the Stuttgart Regional Court, Germany, in case No. 9 Ks 112 Js 38814/18, enforced on 25.01.2019. 34 Under §§ 223, par. 1, 224, para. 1, item 1, number 2 and number 5.212 and para. 1, 22, 52 of the German Criminal Code. 27 Bulgarian Helsinki Committee 17