Transfer penalty runs fine up to the amount provided for in the Penal Code

Questions regarding transfer of sentenced persons are governed by the Criminal – Procedure Code (CPC) in Chapter 36, Section I.

The transfer of a sentenced person from abroad to Bulgaria, ie when the Bulgarian state is executing intervening Criminal Court with a view to implementing the procedure for resolving issues related to the execution of judgment.

SCC

SCC

Response to the key issues relating to the implementation of an additional penalty fine imposed by the foreign court is given in Interpretative Decision N: 3 from 12.11.2013.

The judges indicated that there is no legal basis on which to display the unequal treatment of persons with the transfer of an EU Member State and from outside it.

The decision held that, in proceedings of art. 457 of the Code further penalty fine is considered performance when sentence is imposed by a foreign court of a country outside the European Union to the marginal maximum penalty provided for under sanction of the proper rate of the Penal Code, unless an international agreement involving Republic of Bulgaria and the sentencing country outside the European Union provides otherwise.

To justify its decision , the judges indicated that homogeneous or similar criminal activity in the different countries is referred to various penalties. This stems from unequal legislative views on the degree of social danger of the particular offense in light of the political – socio- economic relations in each country and on the figure. Supreme Court Judges agree that when a fine is imposed by a foreign court , it shall be served in Bulgaria to a marginal maximum fine provided for in the relevant text of the Penal Code.

This conclusion is reached it is applied by analogy the provisions of art. 457, para. 4 of the Code, shall mitigate the punishment of imprisonment up to a maximum term of punishment that the law of the Republic of Bulgaria if certain verdict this is – high.

The decision is also given an answer the question whether the fine should be converted into Bulgarian Lev and at what point should do it.

According to the judges is necessary to fine recalculated to achieve adaptation of the foreign judgment to the rules of domestic law and in accordance with what the Bulgarian currency.

The decision explains that the course should be the official of the Bulgarian National Bank and authoritative restatement of the moment to be the day of entry into force of the sentence passed by the competent court of a country outside the EU. The reason for this is that since the judicial act of the sentencing State becomes enforceable and the opportunity arises for the execution of public duty, such as fine.

The competent Bulgarian court decides matters relating to the implementation of the verdict and render a ruling. Supreme Court justices indicated that this should also resolve all the issues related to the enforcement of a foreign judgment or punishment – original mode type prison facility to serve the sentence of imprisonment deduct served in the sentencing State punishment and served their pre-trial detention.  According to SCC in case the transferred sentenced Bulgarian citizen is rendered in the sentencing state, this work must be respected by the court to reduce the sentence. Respect is due only when designated by the issuing state correctional residue is calculated after deduction of positions in the foreign country work.

1 comment to Transfer penalty runs fine up to the amount provided for in the Penal Code