Guidance

Information Pack for British nationals detained or imprisoned in Bulgaria

Updated 18 July 2023

Main points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. For information about who we can help, including the circumstances in which we can assist dual nationals, see our Support for British nationals abroad guide.

This detention information pack is designed to give you, and your family and friends, information about the local system in Bulgaria and who can help. A printed copy is provided to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to)
• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 500

In some countries, the authorities might notify the British Consulate even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

British Embassy Sofia
9, Moskovska Str.
1000 Sofia
Bulgaria
Telephone: +359 2933 9222
Website: www.gov.uk/contact-consulate-sofia

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In Bulgaria, notification by the authorities to the Consulate normally takes place several days after arrest. Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also: what kind of legal assistance is available?
• provide general information about the country, detention conditions, and the local legal system
• provide general information about the local prison or remand system, including visiting arrangements, mail, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you – see Mail/Parcels
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Bulgaria.

Legal assistance: lawyers

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers is attached to this pack. See also what kind of legal assistance is available? You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances we can pay your legal or interpretation costs.

Consular assistance: fair treatment

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: Prisoners Abroad.

Detention conditions in Bulgaria

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Bulgaria for the latest information on safety and security, entry requirements and travel warnings.

If family members wish to visit, they should arrange this directly with the prison administration or through your lawyer. Permission may be more difficult to obtain for partners and friends, and that, depending on the nature of the case, the authorities have the right to refuse permission for such visits altogether. Relatives wishing to visit should also notify the consular section at the British Embassy in case our assistance is needed in any way. Your lawyer can visit you at any time.

What to expect when you visit

You are entitled to two visits per month, each visit lasting for up to 40 minutes. At your request and with the permission of the prison governor the visits might be joined up into one longer visit. Visits take place on days specified by the prison administration and in the presence of a prison official. Your family and friends should check the visiting times in advance as these may vary from prison to prison.

Your visitors should make sure to bring a valid ID (passport). This must be presented upon entering the prison premises and will be kept by the prison guards during the visit, along with any mobile phones and other electronic devices such as laptops or tablets.

What you can take on your visit

During visits, prisoners and their visitors are not allowed to deliver and accept anything. Deliveries should be given to a prison officer before the visit. They will check the contents and will then hand the package to the prisoner after the visit. Only legal representatives are allowed to deliver case records to prisoners, but they may not deliver food, objects or money.

Prisoners are generally allowed to have clothes, toiletries, linen and blankets, plastic cutlery and tableware, a radio, TV set, music player and video games, books, magazines and some stationery, board games, some medication and packed food. See the List of items allowed in Detention Centres and Prisons for specific requirements and allowed quantities.

Visits: consular staff

The consular team will do their best to contact and visit you, if you wish, as soon as possible after notification of arrest. When we visit we will give you a list of English-speaking lawyers and will ask you if you wish your family to be informed.

Consular officers will aim to keep in regular contact with you either by visiting or by telephone/letters. A member of the consular team will visit you once after we have been notified of your arrest and once after you are sentenced, unless an urgent need arises to visit more frequently. We will also visit you upon any major change of circumstances (i.e. moving to another prison, serious incident etc.). If you have any concerns about your health or safety or you want us to visit, please write to us or call us and we will decide whether a visit is necessary depending on the circumstances.

The consular team can make representations to the prison authorities about any discrimination or ill treatment reported by you, and help you receive medical or dental treatment if necessary. We can only make representations if we are made aware of the issue. However, we cannot get better treatment for you than would be given to locals or other nationals. Nor can we get involved in an investigation or interfere in the Bulgarian judicial process in any way.

In some circumstances, e.g. a pandemic, and if the facilities at the particular prison allow, we can arrange remote visits using skype or a similar software.

You can write to us at any time on matters of concern (but if it is urgent it may be quicker to ask the prison authorities to contact us on your behalf).

Our postal address is:

British Embassy Sofia
9, Moskovska Str.
Sofia 1000
Bulgaria

Emergency trips outside of prison

Generally, it is not possible to make a trip outside of prison if an urgent situation arises (eg. funerals and critical illness of a prisoner’s next-of-kin). The only exception is if you need medical treatment at an external specialised hospital.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

If the police find evidence suggesting that a person has committed a crime, the police can arrest and hold that person for up to 24 hours. The arrest (police detention) is ordered by a police officer. Only a prosecutor can decide whether the detention should be extended, but for up to 72 hours. Otherwise, the detained person should be released.

Upon arrest, the detainee should be informed of their rights (to appeal against the detention measure, to have legal representation, to access medical care; to have one phone call to inform someone of their detention; to have their consulate informed; to use an interpreter) in writing immediately after they have been told of the accusations against them. They will also be required to sign a document stating that they have been informed of their rights. The document must be either written in their language or translated to them by a professional interpreter. Do not sign any documents that you do not understand.

If the detainee does not speak the local language, they are entitled to know the reasons for their arrest right away. Foreign nationals who do not speak the local language must be provided with an official interpreter to a language they can understand.

Foreign nationals also have the right to have their consulate informed of their detention. If they do not (not) wish their consulate to be informed, they are asked to sign a declaration to this effect.

A lawyer or a public defender may participate in the penal procedure from the moment of the detention of the person.

The prosecutor determines what measure to prevent evasion of prosecution is to be imposed on the defendant. But if the prosecutor decides that the measure should be detention or house arrest, the prosecutor files this request to the court and ensures that the defendant appears before the court.

If the defendant is brought to court, only the court can decide whether the measure to prevent evasion of prosecution will be detention or house arrest, or whether the detainee must be released (including on bail).

If a prosecutor extends the detention order to 72 hours or more, the detainee must be transferred to a specialised detention facility. The conditions in detention centres differ throughout the country. Cells are generally shared. No clothes or hygiene products are provided to detainees, only bedding. Detainees are entitled to medical care which is free of charge. Every detainee goes through a mandatory medical examination upon arrival in the detention centre. A record of the results of the examination is kept on their file. Medication is provided if prescribed by a doctor.

Appearing at court

When you are told about the charges against you as “a defendant”, the prosecutor may ask that you be held in custody on remand, or placed under house arrest, as a measure to prevent evasion of prosecution. Each of these two measures is imposed by the court as proposed by the prosecutor. Imposing a measure cannot happen in your absence; you will be brought to a court which will decide on the measure.

You have the right to be told by the prosecutor why you are detained and when you will be brought to court. If you don’t speak the language, you can have an interpreter, free of charge, at the court hearing.

You can contact a lawyer before the first court hearing. For the choice of a lawyer and your right to free legal advice, see official website of the European Union.

The court will ask you to confirm your personal details. You have the right to be heard by the court as to whether you should be detained or released. Your lawyer will give you advice about what to say.

At that stage, any information provided by you is not accepted as evidence. Therefore, whatever you may say cannot be used against you.

Both you and your lawyer have the right to see the evidence on which the prosecutor has asked for your detention. You will have enough time to examine the evidence before the court hearing.

The court will ask to see your criminal record no matter whether you agree or not. More information about the Bulgarian judicial system can be found in The Bulgarian judicial system section.

Initial arrival at the prison

Each prison has a separate reception unit, where newly admitted prisoners are accommodated for a period of 14 days to one month. For detainees transferred from other detention centres, this period is up to seven days, and they are accommodated separately from the sentenced prisoners.

While in the reception unit, the sentenced prisoners prepare to serve their imposed sentence.

You should be immediately informed about the internal regulations and about your rights and duties in a language you understand. You will be subject to mandatory medical examination, psychological evaluation and a check of cleanliness and hygiene. The prison authorities will also go through some formalities upon your arrival, such as making an inventory of your personal belongings, seizing your identity documents and opening your personal record within two days of admission. You will be given a receipt for any confiscated personal belongings such as electronic devices, valuables etc. and they will be returned to you upon release.

During the reception period, you have the right to notify you family, friends, etc. As a foreign national on remand, you have the right to inform the British Embassy of your whereabouts. You should be informed about your rights to legal and consular assistance. The detention or prison authorities should also inform the Ministry of Foreign affairs about your imprisonment.

The prison administration (relevant social worker, doctor or psychologist) should make an assessment of your personality, health condition and working capacity before you leave the reception unit.

Once you are able to purchase a phone card, you will be able to make phone calls. Phone calls are usually limited to a set of phone numbers that have been preliminarily approved by the prison governor.

Prison: conditions and daily life

Overcrowding, poor conditions in detention centres and prisons in Bulgaria and lack of modern infrastructure determine the poor quality of life for prisoners. Prison buildings are often old and run-down, most cells do not have lavatories, and day light and fresh air are often scarce. Prisons are usually overcrowded and inmates have to share cells.

Bulgarian prisons provide basic conditions - a separate bed, blanket, soap, standard clothing and footwear. Most prisons have a shop where prisoners can buy telephone cards, toiletries, packaged food and cigarettes.

Accommodation

Cells are usually shared and the number of inmates sharing a cell varies. Overcrowding is commonly reported in some facilities. In some old building daylight may be insufficient. A mattress, a blanket and bedding are usually provided.

Food and diet

The prisoners are entitled to free food, three times a day. However, the daily food allowance is very small and food is usually insufficient.

Certain categories of prisoners (pregnant women and breastfeeding mothers, sick persons on a special diet) receive an increased food ration or, for example, diabetic food. Sometimes special diets due to religious reason can be accommodated too.

Prisoners can supplement their diet by buying food from the prison shop and by receiving packaged food parcels.

Tap water is available and safe to drink.

Hygiene

Shower facilities are usually communal and the number of times a prisoner can shower is limited. Toiletries are not provided by the prison authorities but can be bought from the prison shop or received by mail parcels.

In detention centres, where there are no shops, detainees can receive toiletries brought by family or friends in person.

Work and study

In some prisons paid work is available, although there is a lack of sufficient employment opportunities and the pay is minimal (under £1 per hour).

The duration of the working day is fixed in line with the Bulgarian labour legislation (up to 40 hours, 5 days a week). By working in prison, prisoners can usually reduce the term of their sentence.

Prisoners have equal access to education, training and qualification and have the right to enrol in general education, vocational and social training, or literacy courses, where available. Under certain terms and conditions, participation in such activities can count towards a reduction of the term of the sentence. Prisoners under the age of 16 are subject to compulsory schooling at the prison schools.

Contact and languages

Contact with inmates is usually not restricted.

On most occasions foreign prisoners are likely to be put together. Some prisons, like the Sofia Central Prison, have a specialised “foreigners’ wing”.

Prison guards rarely speak English. Prisons do not provide specialised language classes for prisoners. UK nationals who are detained or serving a sentence in Bulgaria can request language materials, including dictionaries and phrase books, from Prisoners Abroad. These will be sent by post.

Prison libraries rarely have books or magazines in English. Prisoners Abroad can help with sending mail parcels with books and magazines in English.

Prisoners and detainees do not have internet access and cannot use their own electronic devices. Phone calls are allowed only via a prison phone and prisoners have to buy their own phone cards. Prisoners are requested to provide a list of phone numbers they would like to call in advance and numbers must be approved by the prison governor. Calls to international numbers are possible if approved by the prison governor.

Prisoners are allowed to own a TV set and watch television. Prisons offer limited cultural or social activities.

Exercise

Prisoners usually spend one hour a day outdoors. Some prisons have exercise facilities and a gym on their premises where prisoners can exercise. Detention centres usually don’t have exercise facilities and spending time outdoors may be more limited.

Climate

The climate in Bulgaria is generally continental, with cold winters and warm to hot summers; it is slightly milder along the coast of the Black Sea, and colder in the hills and mountains.

There can be cold waves in winter (generally, from mid-November to mid-March, but especially from December to February) and heat waves in summer (generally, from mid-June to mid-September, but especially in July and August). Winter temperatures can go as low as -10° C and summer highs can hit 40° C.

Religion

Prisoners can take part in religious services if they wish. Most prisons have a small chapel where a priest visits and holds services. Regularity may vary in different prisons. Prisoners can be visited by a priest, rabbi or minister of their faith but a permission from the prison governor is required.

Rules and regulations (including drugs)

Upon arrival in prison prisoners are first informed about the internal regulations and about their rights and duties in a language they understand.

Prisons have a set system for rewarding and sanctioning good or bad behaviour.

Behaviours which are subject to sanctioning include:

• not observing the prison’s internal regulations
• refusing to complete tasks or observe orders by the prison guards or administration
• not observing adequate hygiene in the cells and the communal areas; disregarding safety and security measures
• attempts to escape
• threats or physical assault on inmates or guards
• attempts for smuggling drugs or prohibited items

Sanctions may include:

• written caution
• assigning of extra cleaning shifts
• cancelation of a reward which has not been yet used
• ban from taking part in cultural or social activities
• ban from receiving food parcels for a period of up to 3 months
• incarceration for up to 14 days

If a disciplinary breach is classified as a general crime, the regional Prosecutor’s office is also informed.

Rewards for good behaviour can include:

• a written praise
• cancelation of a disciplinary sanction
• receiving an extra food parcel
• a monetary or material reward
• extended visits (up to 4 hours)
• conducting a visit outside the prison premises

Prison: access to help and services

Receiving money

There are two ways in which you may be able to receive financial assistance while in prison.

• private funds: Deposited to you by your family or friends. See below for instructions on how to send funds
• Prisoners Abroad: Depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The British Government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The Foreign, Commonwealth & Development Office operates a service which allows you to pay funds to us in the UK which we will pay out in local currency to the above overseas. The various ways you can pay us are detailed below.

Under the Consular Fees Order of 2016/2017, we are obliged to charge for this service. The fee is dependent on the amount that you wish to transfer as follows:

Amount being sent	Fee
One monthly payment up to £100	Free
Each additional payment or amount of £0.01 - £99.99	£10
Each additional payment or amount of £100 - £499.99	£25
Each additional payment or amount of £500 and above	£50

When forwarding funds, you should add the above fee to the amount that you wish to transfer. For example, if you want the recipient to receive £150, you will need to send us £175 (£150 to forward plus £25 fee). If other friends and family also plan to transfer funds in the same month, you should consider coordinating payments so you know what FCDO fees to expect. We retain the right to further deduct any local overseas charges we may incur in passing the fees to the recipient.

Prisoners can also receive money directly from family and friends by a bank transfer into the prison’s bank account. Please ask your family to get in touch with the British Embassy in Sofia for details. Alternatively you can ask your lawyer to get the prison’s bank details for you.

Options to transfer funds to British Nationals Overseas via the Foreign, Commonwealth and Development Office

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

1. Electronic bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank	National Westminster Bank
Account Name:	FCDO Multi Vote
Sort Code:	60-70-80
Account Number:	10012362
Reference:	FCDO case reference number (which can be found at the top of this letter), surname and initials of the person you are sending the funds for. E.g. CON-1234 Smith J or 11-THB-123456 Smith J
IBAN	GB56NWBK60708010012362
SWIFT/BIC	NWBKGB2L

You may also need our bank address which is: Government Banking Cst, Po Box 2027, Parklands, De Havilland Way, Horwich, Bolton, BL6, 4YU.

1. By post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth and Development Office”. They should be sent to:

The Cashier
Foreign, Commonwealth and Development Office PO Box 7654
Milton Keynes
MK11 9NQ

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the case reference number. You may wish to use the payment slip on the next page.

If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the COMPASS reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.

To: Foreign, Commonwealth and Development Office CASEBOOK reference number:
Date:
Please find enclosed funds for:
Full Name:
Country/place the above is in: Amount enclosed:
Fee to be deducted:
Payment method:
My name is:
My address is:

Prisoners Abroad

Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. Please specify here whether prisoners are eligible for one of the three Prisoners Abroad Funds (the Craig Feehan Fund, the Vitamin Fund and the Medical Fund). See Additional information for more details.

Medical and dental treatment

While you are in detention, Bulgaria is responsible for ensuring your basic medical needs are met. Prisoners are given a mandatory medical examination on arrival at the prison. Most prisons have a medical centre with general practitioners. Dentists and opticians visit regularly and prisoners see them as necessary. Psychological and psychiatric support is also available. Medication and treatment prescribed by a doctor is free of charge.

Some prisons have their own hospital which can provide specialist medical treatment. If you are in a prison which does not have a hospital but you need hospital treatment or a specialist assessment, you will be transferred to the nearest prison with a hospital. In some circumstances, if you need treatment which cannot be provided by a prison hospital, you will be transferred to an external hospital and the prison authorities will make the necessary arrangements regarding security.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report from your doctor in the UK. Your UK doctor can send the report via the Embassy, addressed to you.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your best interest.

Letters and parcels

There is usually no limit to the number of letters you may send or receive. You can buy postal stamps from the prison authorities if you wish to send mail to your family or friends.

All parcels are subject to search and contents may be confiscated if the authorities find they contain prohibited items. Some prisons may not allow items which are sold in the prison shop.

Limitations:

• clothes, linen, towels, books and magazines: no limit
• food: 5kg + 5 kg fruit and vegetables

Deliveries to Sofia Prison

All correspondence should be addressed to the Director of Prison. The prison governor will clear any correspondence and deliveries before they are given to you. The envelope should be addressed ‘To the attention the Director of Prison’.

Prisoners are entitled to one food parcel per month. If a parcel contains any medication, a consultation with the prison`s doctor is needed.

• by post: please send parcels directly to the address of Sofia Prison:

21 "Gen. Nikolay G. Stoletov" Blvd.
Banishora
Sofia 1233
Bulgaria

• by courier: a prison officer is authorised to receive parcels from a designated post office and from the customs office. Parcels are picked up twice a week.

The address of the post office where parcels can be sent to is:

Post Office 1309
Sveta Troitsa residential area
block 379, Entrance А
Sofia 1309
Bulgaria
(for Sofia Central Prison – name of prisoner)

For information about deliveries to other prisons in Bulgaria, please check with the relevant prison directly or contact the Consular team at the British Embassy in Sofia. Most UK nationals service their sentences in Sofia, but there could be exceptions for those resident in Bulgaria.

Mail parcels sent from outside Bulgaria

Mail parcels are subject to customs clearance and 20% VAT on the goods must be paid, as well as customs administrative fees. The prison administration cannot deal with customs clearance. Parcels with a declared value of more than 45 euros will be returned to the sender if the Customs Office has not been approached for clearance within three weeks of receiving the parcel.

According to the information provided on the Bulgarian Posts website parcels with a declared value up to 45 Euro which have been specifically marked as a gift should be free from VAT and customs charges.

You can approach the Bulgarian Posts Customs Office for further clarification by e-mail at customs@bgpost.bg.

Telephone calls

Usually you will have access to a paid telephone. You need to buy a phone card from the prison authorities to use this service. It is not possible to receive calls. You will need to register the numbers you would like to call with the prison authorities and wait for clearance before being able to call them. The use of mobile phones is strictly forbidden.

Making a complaint about mistreatment

If you have been mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received. You should also aim to speak to your assigned social worker as soon as possible and consider reporting the incident to the prison administration.

The Bulgarian judicial system

Overview

Is the system the same as the UK?

The Bulgarian Judiciary is independent of the other branches of the government (legislative and executive). The Judiciary is composed of three separate systems of law-enforcing or law-protecting authorities: the courts, the public prosecution and investigation offices (preliminary, or pre-trial investigation).

The courts

The legal procedure in Bulgaria is a three-tier one - first instance, appeal and cassation. The general principle of the law is that an appeal against a sentence will not worsen the situation of the appellant.

The Bulgarian (common) Court System consists of:

• Regional Courts, with criminal and civil jurisdiction
• District Courts, which are tribunals of both first and second instance depending on the value or nature of the claim
• Appellate Courts
• Supreme Courts (Supreme Court of Cassation and Supreme Administrative Court), which act as last instance for civil, administrative and criminal law matters

There are also specialised courts:

• Administrative Courts
• Criminal Courts
• Military Courts
• The Constitutional Court

The Penal Procedure Code defines whether the court of first instance to hear a case will be a district or a regional court.

Generally, trials are public. However, it is possible for an entire trial or individual hearings to be held behind closed doors. That is usually done to protect state secrets, public morals or the identity of a protected witness.

Depending on the gravity of the charges, a case can be heard by a judge or a panel of one judge and two jurors.

Most serious crimes cases are handled by a panel of 2 judges and 3 jurors. The judge and jurors have equal votes in the process.

If a defendant pleads guilty to a charge, they may get a lighter sentence. But the court cannot pass judgement on the basis of the defendant’s confession only.

See the Bulgarian court system diagram

The public prosecution

The structure of the Public Prosecution follows that of the courts. Public prosecutors act for the State in criminal cases and defend the public interest in administrative and civil cases.

The investigation offices

Preliminary (or pre-trial) investigation magistrates carry out preliminary investigation proceedings in criminal cases.

Pre-trial stages

Investigation (including bringing charges and questioning)

The investigating authorities seek to collect evidence which will prove or dismiss an assumption that a crime has been committed. If they collect enough evidence to support the assumption that an individual has committed a crime, the investigating officer must notify that individual in writing. The individual must sign the notification. Right after that, the accused person is questioned.

Arrest

If the police find evidence suggesting that a person has committed a crime, they can arrest and hold that person in custody for up to 24 hours. Only a prosecutor can decide whether the detention should be extended for up to 72 hours. Otherwise, the detained person should be released. The purpose of the police detention is to establish whether a person should be accused. The prosecution detention is to ensure the first court appearance of the accused person.

First court hearing

Generally, the prosecutor determines what measure to prevent evasion of prosecution is to be imposed on the defendant. But if the prosecutor decides that the measure to prevent evasion of prosecution should be detention or house arrest, the prosecutor files such a request to the court and ensures that the defendant appears before the court.

Detention or release

If the defendant is brought to court, only the court can decide what measure to prevent evasion of prosecution should be imposed on them, or whether the detainee must be released.

Preparation of the case by the prosecution

When the investigation is completed, the investigating officer submits the collected evidence to a prosecutor. The prosecutor examines the evidence and decides whether the assumption that a crime has been committed has been proven beyond reasonable doubt. Only then can the prosecutor file charges in court. Otherwise, the prosecutor dismisses the case.

During the investigation, a suspect can be remanded for an initial period of two months. The Investigating Officer can then ask for extensions of this two-month period by applying to the Prosecutor. The maximum period of remand cannot exceed 18 months, or, rarely, two years for certain serious crimes. The Investigating Officer assigned to the case may question the accused person from time to time during the pre-trial period.

Preparation of the case by the defence

Once they are informed of the charges, the defendant and the defence lawyer can produce evidence in the defendant’s favour. After the end of the investigation, if requested by the defendant and the defence lawyer, the investigating officer must make all the collected evidence available to them and give them enough time to examine the evidence.

Pre-trial proceedings

Pre-trial proceedings in Bulgaria - diagram

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen when I am arrested?

Upon arrest, a suspect can be detained by the Police for up to 24 hours, and up to 72 hours with if requested by a Prosecutor. After this initial period, the case must be handed over to the Investigating Authorities (a separate body) who will formally open a case and appoint an Investigating Officer to gather evidence for the prosecution. During this investigation, a suspect can be remanded for an initial two month period. The Investigating Officer can then ask for extensions of this two-month period by applying to the Prosecutor. The maximum period of arrest without charge cannot exceed two years. The investigating officer assigned to the case may question the accused from time to time during the period before the trial.

If you have any questions concerning the legal aspects of your arrest, contact your lawyer. A list of local English-speaking lawyers is provided at the end of this pack.

How long you can be remanded in custody

The period between arrest and trial is often quite long and it can be six months or more (up to a maximum of 2 years) before the case goes to court (the Court of First Instance). Depending on the seriousness of the charge, the competent court is the District or Regional Court in the town nearest to where the crime has been committed and the accused is usually detained in that town until the trial. For certain types of cases, usually minor offences which do not require prolonged investigation, there is a fast-track procedure that can lead to court within a few days or weeks (up to a maximum of two months).

After you are charged

After the initial arrest, you can be detained for an initial period of 24 hours. The prosecutor has the power to extend the detention during this period to a maximum of 72 hours, but only if you are charged. After 72 hours, you must either be released, or taken to court, which will decide whether or not to extend your detention. You can appeal against the court’s decision to order the extension of your detention to the Court of Appeal within 3 days from the day the decision is made, and the Court of Appeal should consider the appeal within 7 days.

Detainees can request the court to review their detention measure at any time during the pre-trial phase of the criminal proceedings. If the court decides to keep you in detention, it may determine a period of up to two months during which you will not be allowed to challenge the detention. This rule will not apply if the appeal is based on ill health.

Detainees can remain in detention at a police station only for the first 24 hours. If a court orders detention for a longer period, you will be transferred to the nearest custodial facility where you may remain until charge or trial. Depending on the seriousness of the charge, the competent court is the District or Regional Court in the town nearest to where the crime was committed and the accused is usually detained in that town until the trial. For certain types of cases, usually minor offences which do not require prolonged investigation, there is a fast-track procedure that can lead to trial within a few days or weeks (up to a maximum of two months).

Bail

Bail is rarely granted to foreigners who are not resident in Bulgaria. This is because they need to show that they have a permanent address in Bulgaria and sufficient funds to maintain themselves until the trial starts. The gravity of the offence of which they have been accused will be taken into account when the court is assessing an application for bail.

If a defendant violates the conditions of their bail, they may be arrested, and the bail money deposited with the court could be confiscated. Such violation will not be treated as a separate criminal offence.

The British Embassy can help you with contacting friends or family who may be willing to help you with securing funds for bail.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply general (non-country specific) information on legal aid and court proceedings and can advise on appointing a lawyer.

You can appoint a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer, they are likely to ask for a cash advance on their estimated legal fees before they take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer, one will be appointed for you by the State. This will be free of charge but you must note that public defenders rarely speak English.

As in any other country, some lawyers are better than others (paying a high fee does not guarantee that you will get a good lawyer). If you do decide to pay for a lawyer, it may be worth negotiating a flat fee for the whole case before they begin work or you may find yourself facing large extra expenses.

You should also be prepared to pay the costs of your trial to the respective court.

If you do not speak the local language, translation in court is provided free of charge.

Legal aid is usually not available to foreigners in Bulgaria.

Trial

If you are accused of a crime punishable by imprisonment for more than 5 years, you must attend the trial. Generally, participation in a trial by video-link is not allowed. Mandatory participation means your physical presence during the entire trial.

You may, but you do not have to, speak during the trial. But you should confirm your personal details.

Usually you can challenge the evidence produced against you. Normally, evidence is challenged at the end of the trial when the lawyer presents the arguments of the defence.

You are entitled to ask for any evidence, admissible under the law, in your favour. You can ask for evidence to be produced at any time during the trial.

You and your lawyer can put any questions to witnesses for the prosecution in their presence. You can challenge what has been said by witnesses against you. Normally, that is done at the end of the trial when the lawyer presents the arguments of the defence.

The court will collect information about your previous criminal convictions no matter whether you agree or not. If you are found guilty and you have previous convictions, this may lead to a more severe penalty. If the court determines that the charge is proven beyond reasonable doubt, the court will find you guilty and punish you under the law. Otherwise, the court will acquit you.

Sentences

Sentences can vary greatly in Bulgaria and length will depend on the seriousness of the crime. Your lawyer or public defender will be best placed to advise you on length of sentences and on appeal processes.

Types of sentences in Bulgaria:

• life imprisonment – with or without a right to substitution: imposed for the gravest crimes. Life imprisonment without a right to substitution may not be replaced by imprisonment for a definite term
• imprisonment for a definite term – 20 years maximum or, by exception, up to 30 years. The sentence is served in prison
• probation for a definite term – includes measures of control and influence without depriving the defendant of their freedom. Community service can be such a measure
• seizure – the defendant’s property or part of it is forcefully taken away from them
• fine – you have to pay a certain amount of money
• deprivation, for a definite period, of the right to hold a certain position or practice a certain profession, or the right to awards or military titles
• public censure – your sentence is made public in an appropriate way

How can appeals be made?

Appeals against a conviction can be lodged by the defendant or by their lawyer representing them to the higher court. The defendant may appeal the conviction in some of its parts or in its entirety. In the event of an acquittal, the defendant may also appeal against the grounds of the acquittal. An acquittal can be challenged by the Prosecutor’s Office.

Appeals

The appeal of the defendant or the challenge of the prosecutor must be submitted through the court which pronounced the sentence, no later than 15 days from the date the conviction or acquittal was announced. In this case the appeal is submitted via the respective court of first instance.

If the appeal before the appellate court succeeds, the court may set aside or amend the conviction of the lower court. There is also a possibility to return the case to the court of first instance for a new hearing if there has been a procedural breach.

Appeals before the Supreme Court of Cassation

The conviction or acquittal of the appellate court may be appealed against by the defendant or challenged by the prosecutor before the Supreme Court of Cassation. The deadline to lodge a cassation appeal is the same as for the appeal before the appellate court, 15 days.

The Supreme Court of Cassation may set aside or amend the sentence in three cases:

• if the law has been broken
• if a significant procedural breach has been found
• if the imposed penalty is obviously unjust

The Supreme Court of Cassation typically does not collect evidence. If there is a need for collecting further evidence in order to clarify or establish facts related to the indictment or the defence, the case will be returned to the appellate court. The same is done when a significant procedural breach has been found. A breach is always considered significant if it affects any of the rights, given to the defendant. Following the collection of new evidence the appellate court will give a new ruling, which again can be appealed against before the Supreme Court.

Reaching the end of your sentence

Reduction of sentence (remission)

There is a provision in Bulgarian law for remission of sentences. The head of a particular prison department can apply through the Governor to the court for a sentence to be reduced, usually for good behaviour. Each case is considered on its own merits by a committee which sits quarterly. But remission is not usually granted until a prisoner has served at least half of their sentence, and the bureaucracy involved usually means that remission is not granted until about two-thirds of the sentence has been served.

Early release

A proposal for conditional early release may be made by the district prosecutor or the Committee for execution of penalties at the penitentiary facility where you serve your sentence. The court is the competent authority to rule on such a proposal.

Requirements for the application for early release include proof of correction of the convict and part of the imprisonment sentence to have been served. In most cases the law requires that the sentenced offender has served in fact no less than half of their sentence. Serial offenders should have served in fact no less than two thirds of their sentence and at the same time the remainder of the punishment to serve should not be more than three years.

In the event that a conditional early release is granted, a test period is established for the convict for a term equal to the unserved part of the punishment, which may not be less than six months. Throughout this test period the court may impose probation. If you commit a new intentional crime within this period, for which punishment by imprisonment is provided or if you fail to comply with the probation measure imposed, then you will also serve separately the unserved part of the punishment.

Clemency or pardon

The Bulgarian Constitution provides that the President may grant pardon to convicts. The President may grant the right to pardon to the vice-president and that is the person who usually exercises this right. The convict has to address the President with a petition to be granted pardon. The President can, by an act of pardon, remit entirely or partially the imposed punishment, and remit or replace life imprisonment. It should be noted that the grant of pardon is a rarity and it usually is based on the proof of correction of the offender.

Financial penalties

Together with the conviction to imprisonment, the court may impose financial penalties on the offender like confiscation of property and/or a fine. A criminal trial for some offenses is related to an enquiry into the finances of the defendant. The enquiry is held by the Commission for Seizure of Illegally Acquired Property. If the Commission finds discrepancies between the acquired property and the income of the person, it may institute a civil procedure for seizure of this property in favour of the State. The statutory rights and obligations are listed in the Act on Seizure in Favour of the State of Illegally Acquired Property.

Transfer to another prison within Bulgaria

Yes, the Bulgarian law provides for a convict to be transferred to another prison. The order for transfer is issued by the Chief Director of the “Execution of Penalties” Directorate of the Ministry of Justice. The prisoner, their relatives or director of the penitentiary facility may petition the Chief Director of “Execution of Penalties” to order a transfer. Transfer is not granted if it would harm the health of the prisoner. The order may be appealed against by the prisoner.

Transfer to a prison in the UK

British nationals serving prison sentences in Bulgaria can apply to transfer to a UK prison and serve their sentence in the UK.

To be eligible to transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family residents there.

To submit a prison transfer request, you must put the request in writing and address it to the Prison governor. You should include your personal details, details of your sentence, and your reasons for requesting a transfer. The prison governor will move your request forward Through the Ministry of Justice. Please also send a copy of the request to the British Embassy in Sofia. We will pass it on to the UK authorities.

Find out more about transfers to the UK: In prison abroad: transfer to a UK prison

Release and deportation

Prisoners are discharged from prisons in the following cases: after serving their penalty, if there is an amnesty, in case of conditional early release, in the event of granted pardon, or in compliance with a court order.

The state authorities may order deportation as a compulsory administrative measure against a convicted person. Should this happen, you will be informed of the contents of the order in a language you understand by the relevant authorities. The notification specifies the court with which you may lodge an appeal, the time limit for the appeal and the time allowed for you to leave Bulgaria. Usually the time allowed to leave Bulgaria is no less than one month from the date of notification.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next. If you are registered with Prisoners Abroad you can visit their office when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings, Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go,

Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, finding a job, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

• The Salvation Army

UK Helpline 020 7367 4888 (Monday to Friday 8 AM to 4 PM
or contact your local Salvation Army branch

• The Prison Fellowship

UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Additional Information

In-country NGOs

Crime Prevention Fund IGA

IGA is a local non-government organisation working with prisons and prisoners in Bulgaria. They can provide information and consultations for prisoners and advise about training and educational activities and social services available for them. IGA have some English speaking staff who might be able to visit you and advise you about any problems or concerns you might have with regards to prison life or arrangements after your release.

Their contact details are:

Pazardzhik 4400
8 Aleksandar Stamboliyski Blvd.
Post Box 140
Telephone: 00359 34 44 23 89, 00359 34 44 23 98

E-mail: office@iga-bg.org

Website: http://www.iga-bg.org/

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: info@prisonersabroad.org.uk

Website: www.prisonersabroad.org.uk

Glossary of terms

Glossary Of Terms and Key phrases (English into Bulgarian)

Annex

List of English-Speaking Lawyers

List of Private Translators/Interpreters

Request to make a phone call

List of items allowed in detention centres and prisons in Bulgaria

FCDO leaflet: Support for British Nationals Abroad: Summary

FCDO leaflet: In Prison Abroad: Transfer to a UK Prison

Prisoners Abroad General Leaflet

Prisoners Abroad Authorisation Form

Prisoners Abroad Family Contact Form

Prisoners Abroad CFF Form