2.2 TRANSFER OF PRISONERS points one, as well as an interpreter, if the person does not speak Bulgarian. At the court hearing, the court hears the prosecutor, the person and his/her lawyer. The non-appearance of the person when regularly summoned is not an obstacle to consideration of the case. The court discusses whether the conditions for: recognition and execution; postponement of the recognition; refusal of recognition and execution; partial recognition and execution are at place.17 The consent of the person in cases where another member state is sending a sentence for execution in Bulgaria is not sought. The court renders the decision immediately, indicating the number and date of the sentence accepted for execution, the case on which it was decided, the relevant provisions of the Criminal Code, providing for responsibility for the committed crime, the term of the custodial sentence or the measure imposed by the court of the issuing country, including imprisonment and the initial regime of serving the sentence. The court fully deducts the term of the served part of the punishment and the temporary detention from the total term of the imposed penalty of deprivation of liberty.18 The court may refuse to recognise and execute a judicial act when the imposed punishment includes coercive medical measures (compulsory treatment) or measures involving deprivation of liberty, which regardless of Art. 13, para. 2 cannot be implemented by Bulgaria in accordance with the Bulgarian legislation when such measures are not provided for in it.19 In cases where the first instance Bulgarian court sends a sentence for execution in another member state the court sends the judicial act together with the notification to the competent authority of the executing state, accompanied by the written consent of the convicted person. 20 The consent of the convicted person is not required when the judicial act is sent to the member state: 1. of which the person is a citizen and in which he/she has a place of residence; 2. in which the person will be deported after being released from serving the sentence on the basis of an expulsion or deportation order contained in the sentence or in an act of a judicial or administrative authority, or of another measure imposed as a result of the sentence passed; 3. in which the person fled or returned due to the presence of pending criminal proceedings or a judgment entered into force against him/her in the Republic of Bulgaria. In the latter cases when the person is located in Bulgaria, the court in an open hearing gives him/her the opportunity to express his/her opinion in writing or orally. Taking into account the person’s age, physical or mental condition, the court at its discretion may grant this opportunity to his/her legal representative. When the person expresses his/her opinion orally, the court sends the executing state a written record of the opinion. 21 The court explains to the person his/her right to consent to transfer to the executing state and the consequences of exercising this right. 22 The person’s Bulgaria, Transfer of Prisoners Transposing Act, Art. 12, para. 3-6. Bulgaria, Transfer of Prisoners Transposing Act, Art. 12, para. 8 and 9. 19 Bulgaria, Transfer of Prisoners Transposing Act, Art. 15, para. 1, item 11. 20 Bulgaria, Transfer of Prisoners Transposing Act, Art. 22, para. 1. 21 Bulgaria, Transfer of Prisoners Transposing Act, Art. 22, para. 3. 22 Bulgaria, Transfer of Prisoners Transposing Act, Art. 22, para. 4. 17 18 Bulgarian Helsinki Committee 15