Transit of a person is an applicable measure according to the Bulgarian legislation in different situations.
- Transit of a person surrendered on basis of EAW:
The Minister of Justice receives transit requests and the accompanying documents and immediately transmits them to the Supreme Prosecution Office. The Supreme Prosecution Office permits the transit through the territory of the Republic of Bulgaria of a person who is surrendered for the enforcement of a custodial sentence or detention order, when the following information has been provided: the identity and nationality of the person, the EAW, the nature and legal classification of the offence, the circumstances under which the offence has been committed, including the date and place of commission. These rules do not apply in the case of transport by air without a scheduled stopover in the Republic of Bulgaria - in case an unscheduled landing occurs, the issuing Member State is obliged to provide the Minister of Justice with the above - mentioned information.
- Transit of a person in cases of EIO:
The Supreme Prosecution Office receives the applications for transit of persons in custody for temporary transfer for the purpose of carrying out an investigative measure and other procedural measures and the accompanying documents. The Supreme Prosecution Office grants transit of a person through the territory of the Republic of Bulgaria if the issuing State provides: a copy of the EIO, data on the person, information on the consent given by the person or the opinion in writing of the legal representative thereof regarding a transfer for the purpose of carrying out an investigative measure and other procedural measures with a view to gathering evidence, information about the officials escorting the person and an approved plan for implementation of the transfer. These provisions do not apply in the case of transport by air without a scheduled stopover in the Republic of Bulgaria - in the case of a scheduled or unscheduled stopover, the issuing State provides the aforesaid information to the Supreme Prosecution Office.
- Transit of a person in cases of extradition:
The transit of an extradited person through the territory of the Republic of Bulgaria is allowed by the Supreme Prosecution Office following submission of a request to this effect, provided that the extradition in respect of which the transit is requested is not inadmissible. The Republic of Bulgaria applies the CoE Convention on Extradition of 1957.
- Transit of a person pursuant to art. 6 (8a) of the EU MLA Convention 2000:
The Republic of Bulgaria applies the EU MLA Convention 2000.
- Transit of a person pursuant to art. 11 (2) of the CoE European Convention on Mutual Assistance in Criminal Matters (1959):
The Republic of Bulgaria applies the CoE European Convention on Mutual Assistance in Criminal Matters (1959).
- Transit of a sentenced person – with regard to the transposed FD 2008/909/JHA on custodial sentences:
The Minister of Justice or an official empowered thereby receives the transit requests and the accompanying documents and forthwith forwards the said requests and documents to the Supreme Prosecution Office. The Supreme Prosecution Office issues a warrant permitting the transit through the territory of the Republic of Bulgaria of a sentenced person who is being transferred to the executing State provided that the following information has been given: a transit request; a copy of the certificate; data for the sentenced person; an approved plan for surrender of the sentenced person; translation of the documents into the Bulgarian language. The Supreme Prosecution Office pronounces on the request by a warrant immediately but not later than seven days after the date of receipt of the said request. Pronouncement may be postponed until the translation has been transmitted by the Member State which submitted the transit request. A transit request is not required in the case of transport by air without a scheduled stopover. If an unscheduled landing occurs, the transferring State provides the aforesaid information to the Ministry of Justice within 72 hours.
- Transit of a person in cases of application of the CoE Convention of 1983 on the transfer of convicted persons:
The Republic of Bulgaria applies the above said Convention on the transfer of convicted persons.