The national legal regulations, regarding the transfer of sentenced persons to a foreign state can be found in Chapter 36 “PROCEEDINGS IN RELATION TO INTERNATIONAL COOPERATION IN CRIMINAL MATTERS”, Section I „Transfer to Sentenced Persons”, art. 453 – 462 from the Criminal Procedure Code of Republic of Bulgaria. The provisions of this Section are applicable unless otherwise agreed in an international agreement to which the Republic of Bulgaria is a party.

The transfer of individuals sentenced by a court of the Republic of Bulgaria to the purpose of serving their punishment in the state of which they are the nationals is in the competency of the Prosecutor-General of Republic of Bulgaria. The Prosecutor – General concludes an agreement with the competent body of the other state, if consent of the sentenced individual in writing is available. A decision on the transfer of a sentenced individual may also be taken after service of his/her punishment has begun.

The consent of a foreign national convicted by a Bulgarian court is not required in the following cases:

1. the sentence or a subsequent administrative decision of the sentencing state includes an expulsion (deportation) order or another act, by virtue of which the individual, following his/her release from an institution for deprivation of liberty, may not stay within the territory of the sentencing state;

2. before serving his/her sentence the sentenced individual has escaped from the sentencing state to the territory of the state whose national he or she is.

In the indicated cases under point 1 and 2, before issuing a decision for transfer, the opinion of the sentenced person must also be taken into account.

The place, time and procedure for delivery and admission of the convicted person are determined by the agreement between the Prosecutor – General and the competent body of the other state.

The applicable international legal regulations, regarding the transfer of sentenced persons between Republic of Bulgaria and United Kingdom can be found in “CONVENTION ON THE TRANSFER OF SENTENCED PERSONS of the Council of Europe » /Strasbourg, 21.III.1983/. The convention was ratified by Republic of Bulgaria on the 17.06.1994 /entry in force for the state on the 01.10.1994/ and by United Kingdom on the 30.04.1985 /entry in force for the UK on the 01.08.1985/.

A sentenced person may be transferred under this Convention only on the following conditions:

• if that person is a national of the administering State;
• if the judgment is final;
• if, at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate;
• if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two States considers it necessary, by the sentenced person’s legal representative;
• if the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering State or would constitute a criminal offence if committed on its territory;
• if the sentencing and administering States agree to the transfer.

Any sentenced person to whom the Convention may apply is to be informed by the sentencing State of its substance. If the sentenced person has expressed an interest to the sentencing State in being transferred under the Convention, that State must inform the administering State as soon as practicable after the judgment becomes final. The information shall include: the name, date and place of birth of the sentenced person; his address, if any, in the administering State; a statement of the facts upon which the sentence was based; the nature, duration and date of commencement of the sentence.

If the sentenced person has expressed his interest to the administering State, the sentencing State must, on request, communicates to the State the information referred to in the paragraph above. The sentenced person must be informed, in writing, of any action taken by the sentencing State or by the administering State on the execution of the transfer, as well as of any decision taken by either State on a request for transfer.

The transfer under the regulations of the Convention is made after a request from the administering State to the sentencing State in writing. Requests must be addressed by the Ministry of Justice of the requesting state to the Ministry of justice of the requested state. Replies must be communicated by the same channels.

The following supporting documents must be enclosed to the request and/or the reply:

a/ by the administering State: a document or statement indicating that the sentenced person is a national of that State; a copy of the relevant law of the administering State which provides that the acts or omissions on account of which the sentence has been imposed in the sentencing State constitute a criminal offence according to the law of the administering State, or would constitute a criminal offence if committed on its territory; a statement containing the information mentioned in Article 9.2 of the Convention;

b/ by the sentencing State: a certified copy of the judgment and the law on which it is based; a statement indicating how much of the sentence has already been served, including information on any pre trial detention, remission, and any other factor relevant to the enforcement of the sentence; a declaration containing the consent to the transfer; whenever appropriate, any medical or social reports on the sentenced person, information about his treatment in the sentencing State, and any recommendation for his further treatment in the administering State.