2.4 PROBATION AND ALTERNATIVE SANCTIONS
of the executing country in which the accused person resides for a long time or permanently,
when, after presenting the act, the person expresses written consent to return to that country.44 In case the concerned person did not give consent or does not reside in Bulgaria and did
not give consent, the court conducts consultations with the competent authority of the issuing
country and may request additional information from it, setting a deadline for its receipt. The
case is adjourned until the expiry of this term.45
The court renders a ruling by which: 1. recognises the act of imposing measures of procedural
coercion and determines a measure of procedural coercion that corresponds to the greatest
extent to the measure enacted in the issuing country; the measure of procedural coercion determined by the court cannot be more severe than the measure imposed in the issuing country;
2. refuses to recognise and execute the act of imposing procedural coercion measures in the
presence of any of the grounds enlisted in Art. 9.46
None of the FD’s provisions which may be relevant for persons with IPD have been transposed
in the Bulgarian legislation. i.e. Bulgaria did not confirm that it would supervise therapeutic
treatment or treatment for addictions measures; health condition is not taken into account
when criminal responsibility is being assessed.47
2.4 Probation and Alternative Sanctions
The present research has not found any national statistics concerning the application of the
FD about Probation and Alternative Sanctions at all and when persons with IPD are involved. All
requested authorities stated that the requested information requires legal analysis which they
do not make.48 The interviewees under the present research were not aware of any such cases.
No such cases have been identified in the electronic case-law database either.
Bulgaria, ESO Transposing Act, Art. 16.
Bulgaria, ESO Transposing Act, Art. 7, para. 4.
46
Bulgaria, ESO Transposing Act, Art. 7, para. 5.
47
Notification made by the Republic of Bulgaria on the Transposition of Council Framework Decision 2009/829/JHA on Supervision measures, 4.01.2017, https://www.ejn-crimjust.europa.eu/ejn/libdocumentproperties/EN/1921. Notifications pursuant to
Article 9(4) (‘Criteria relating to the Member State to which the decision on supervision measures may be forwarded’) In accordance with Article 9(4), Bulgaria can recognise and supervise a decision on a supervision measure with respect to a person who is
not continuously or permanently resident within the territory of the Republic of Bulgaria, when one or more of the following conditions are met: 1. the person is a Bulgarian citizen; 2. the supervision measure may be supervised in the Republic of Bulgaria; 3.
the person has stated that he or she will reside within the territory of the Republic of Bulgaria with a view to carrying out specific
work; 4. the person is a member of family which resides permanently in the Republic of Bulgaria; 5. the person has stated that he
or she will reside within the territory of the Republic of Bulgaria in order to study for professional qualifications or a degree.
48
Bulgaria, Reply of written request under the Access to Public Information Act № 95-00-53/22/28.04.2022 of the Ministry of
Justice; Reply of the written request under the Access to Public Information Act № L-1698/21.04 2022-2 of the “Execution of
Punishments” Directorate at the Ministry of Justice; Reply of the written request under the Access to Public Information Act №
93-00-96/21.04.2022 of the Ministry of Healthcare; Reply of the written request under the Access to Public Information Act №
1086/29.04.2022 of the Supreme Prosecution Office.
44
45
Bulgarian Helsinki Committee
21