Who can be arrested and detained in Bulgaria and what rights do they have?

A person suspected of having committed a crime can be arrested and detained for a maximum period of 24 hours. The legislator does not distinguish between arrest and detention in the normative acts. In Bulgaria, arrests can only be made by state authorities in compliance with human rights. In case of legal arrest, the detained person is placed in separate places /arrests/. The so-called 24-hour detention is regulated in the law for the Ministry of Internal Affairs. In case of arrest, the arrested person should be given the opportunity to make a telephone conversation and inform his relatives. He should also be given the opportunity to contact a lawyer. Including, if desired by the arrested person, an official/free/defender can be provided.

The rights that the detainee has in this capacity are:
1. Appeal to the Court the lawfulness of the detention.
2. Legal protection.
3. Medical assistance.
4. A phone call to report his arrest.
5. To contact the consular authorities of the country of which he is a citizen.
6. Translator, in case he does not understand Bulgarian. Unfortunately, it often happens that these rights are not realized in their entirety.

What happens after 24 hours are up?

By law, after the expiration of the 24-hour period, the detainee should be released. If during this period there is evidence collected of a serious intentional crime and the case is taken over by a prosecutor, detention may be extended. At the discretion of the prosecutor, detention may last up to 72 hours. That is, to extend the detention for another 48 hours. The Criminal Procedural Code only allows this term to bring the arrested person to court. In order for a 72-hour detention by the prosecutor's office to be taken, an indictment must be filed. That is, to formally charge the arrested person with having committed a serious crime.

What happens after the 72 hours are up
/prosecution/ custody?

The prosecutor in the case has the option to submit a request for a permanent measure of "detention in custody" in the court of first instance or to release the detained person by assigning him a lighter measure of remand. These are "house arrest", "cash bail" and "signature". If the prosecutor submits to the court a request for permanent arrest, the court, in a session with the participation of the detained person, lawyer and prosecutor, after listening to the opinions of the parties, decides what is the most adequate measure for the arrested person. All personal characteristics are taken into account. When the most severe measure of "detention" is taken, the person is placed in pre-trial detention.

What is the maximum period for which a person can be detained in Bulgaria?

This issue is clarified by the Criminal Procedure Code of Bulgaria. The maximum period of detention before the case is brought to court is 8 months. As the only one, if the punishment for which the person is accused provides at least 15 years of imprisonment, then it is permissible for the arrest to last 1 year and 6 months.

What can be done when a loved one is arrested?

It is best to contact a competent lawyer. The same person can find out where the person is detained and immediately meet him. Only a lawyer can make such a right by law. On
place can be checked whether the arrest is lawful. To ascertain whether the detention is proportionate to the objective to be achieved. During detention, the right to personal liberty and security is often affected. The prohibition of inhuman and degrading treatment or torture and the right to private life must be respected.
The premises in which the detained persons are accommodated must meet the minimum hygiene requirements, which are often not respected.