NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE 3.1.2.5 Deprivation of liberty during pre-trial proceedings/ restraint measures After indictment, the first instance court may issue (upon a motion by the prosecutor) an order for pre-trial detention for a person for whom there is reasonable grounds to believe that he/she has committed a crime which is punishable by imprisonment, and when there are reasonable grounds to believe that there is a danger of the accused person’s absconding or engaging in further criminal activities.189 The court immediately hears the case about the restraint measure with the participation of the prosecutor, the accused and his/her lawyer. Pre-trial detention may not be longer than 8 months when the person is charged with a felony and it may be no longer than 18 months if the person is charged with a crime that is punishable by minimum of 15 years of imprisonment or another, more serious sentence. In all other cases pre-trial detention may not exceed 2 months.190 Bulgarian legislation does not provide for alternatives to detention in instances of persons with IPD. Otherwise, the Criminal Procedure Code does provide for lighter measures in general cases such as home arrest, daily reporting to police, or posting a bail, but this research did not find that any of these were used in reference to persons with IPD. Persons with a measure of remand in custody are placed in the detention center in the area where the pre-trial proceedings are carried out or the case is considered.191 Once placed in a pre-trial facility any detainee may immediately notify his/her family or relatives of his/her arrival at the facility. If the detainee does not wish to notify them, he/she signs a declaration to that effect. Then the administration cannot notify the relatives on its own initiative. The detained person is immediately informed of his/her rights to visitation, telephone connection, correspondence, food parcels and the amount of sums for personal needs.193 Detainees who are not Bulgarian citizens are notified of their right to contact diplomatic or consular representatives of the country of which they are citizens, and they are immediately provided conditions for this. When they are nationals of two or more countries, they can choose the consular authorities of which country to be notified of their detention and with whom they wish to contact.194 Upon placement of the detained persons in the places of deprivation of liberty, they are immediately notified against a signature of their rights and obligations in respect of the internal order and discipline, as well as of the foreseen sanctions for committed violations.195 Persons admitted to detention are examined for the risk of harm and their behavioral manifestations are monitored for the duration of detention. The documentation on the case is transferred with the person when he/she is transferred Bulgaria, Interview with a psychologist at the National Preventive Mechanism I.V. on 3 June 2022. Bulgaria, Criminal Procedure Code (29.04.2006), Art. 63, para.1. 190 Bulgaria, Criminal Procedure Code (29.04.2006), Art. 63, para.4. 191 Bulgaria, Execution of Punishments and Restraint Measures Act (Закон за изпълнение на наказанията и задържането под стража) (1.06.2009), Art. 241, available in Bulgarian at: https://www.lex.bg/bg/laws/ldoc/2135627067. 192 Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 243. 193 Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 243, para. 2. 194 Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 243, para. 3. 195 Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 243, para. 4. 188 189 52 SLAVKA KUKOVA