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
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