Extradition from Bulgaria: How the Procedure Works and What an Extradition Lawyer Does

Identify the process, whether formal papers arrived, the current detention order and next deadline. The 40-day limit concerns only provisional detention.

First identify the procedure: extradition, an EAW, or an alert

The Law on Extradition and the European Arrest Warrant (Закон за екстрадицията и Европейската заповед за арест, ZEEZA) governs ordinary extradition and EU surrender. Articles 1–4 define the scope; ordinary extradition is mainly covered by Articles 9–34, while EAW surrender is covered by Articles 35–66.

Which Bulgarian authorities handle an ordinary request?

The ordinary-extradition court is the regional court (окръжен съд) for the area where the person is found. In Sofia, that role is performed by Sofia City Court (Софийски градски съд); the relevant appellate court’s decision is final under Article 20(3).

• Ministry of Justice: receives the written request, checks Article 9 compliance and may return deficient papers under Article 10.
• Supreme Cassation Public Prosecutor’s Office (Върховна касационна прокуратура): receives the checked request under Article 12 and coordinates prosecutorial processing.
• Regional prosecutor (окръжен прокурор): arranges defence counsel and an interpreter where required, provides file access, takes written explanations and applies to the court under Article 14.
• Regional court (окръжен съд): decides detention and extradition. Article 17 requires an open hearing before three judges with a prosecutor, the requested person and defence counsel.
• Relevant appellate court (апелативен съд): hears an appeal against the extradition decision; its decision is final under Article 20(3).

After authorisation, the Supreme Cassation Public Prosecutor’s Office, with assistance from INTERPOL’s National Central Bureau, agrees the handover date and place with the requesting state under Article 26; Ministry of Justice authorities provide security and escort.

What must the requesting state send?

Article 9 requires a written request from a competent authority to Bulgaria’s Ministry of Justice. It may also arrive through diplomatic channels, INTERPOL or another agreed route. The file should include:

• an original or authenticated copy of the conviction and sentence, charging document, detention order or arrest warrant, or equivalent document;
• the offence description, time and place, legal classification, any loss caused, and applicable legal provisions, including limitation rules;
• identity and nationality information;
• the unserved sentence, if extradition is sought for sentence enforcement; and
• documents supporting any required assurances, including assurances concerning the death penalty and, where relevant, a retrial after an in-absentia conviction.

Article 9(4) ordinarily requires a Bulgarian translation unless a treaty says otherwise. Bulgaria’s declaration to Article 23 requires Bulgarian, or in the stated alternative a Council of Europe official-language translation. Counsel should check for missing or defective documents.

How does ordinary extradition move from arrest to decision?

The hearing clock runs from the court’s receipt of the file; the appeal clock runs from announcement of the first-instance decision. The Act sets no universal maximum detention period for every stage.

What if the person is detained before the papers arrive?

For an urgent provisional request, Article 13(5) allows the Supreme Cassation Public Prosecutor’s Office to detain a person for up to 72 hours after location and identity are established, then send the papers to the regional prosecutor. The prosecutor must arrange a lawyer and, if needed, an interpreter and apply to the regional court for a measure securing the person’s participation.

Under Article 13(7), the court may order provisional detention for up to 40 days or another period fixed by a treaty binding Bulgaria. The order can be appealed to the relevant appellate court within 3 days. Under Article 13(10), the person may ask the court to replace provisional detention with another procedural measure; the order on that request can also be appealed within 3 days. If the formal request and Article 9 documents do not arrive within the court-set period, the prosecutor must revoke provisional detention under Article 13(11).

The 40 days are not an automatic release date: Article 13(12) allows later arrest or extradition if the formal request arrives after the provisional period. A separate clock begins when the full request arrives: under Article 14(2), the Supreme Cassation Public Prosecutor’s Office may detain the person for up to 72 hours while the file is routed to the regional prosecutor. The prosecutor must arrange counsel and, if needed, an interpreter, allow the person and counsel to inspect the file, take written explanations, and ask the court to order detention pending completion of the proceedings. The court must rule promptly; the Article 15 detention order can be appealed within 3 days. If extradition is authorised, Article 17(7) requires detention until physical surrender. The Act sets no single overall maximum for that later custody. Detention challenges and an appeal against the extradition decision are distinct.

What does the court decide, and what does consent change?

At the Article 17 hearing, the court checks the conditions and refusal provisions in Articles 5–8, may request further information, and hears the prosecutor, requested person and defence counsel. A first-instance ordinary-extradition decision is challenged before the competent appellate court; under Article 20(3), that court’s decision is final. The EAW has a separate judicial review route under Article 48. Detention challenges, constitutional complaints and ECtHR interim measures are distinct procedures, not automatic extra appeals. Detailed refusal grounds, appeal deadlines and post-decision remedies are covered in How to Stop Extradition from Bulgaria.

Consent to immediate ordinary extradition is a separate and consequential choice. Under Article 19, the court checks that consent is voluntary and that the person understands its effects. If no Article 7 refusal ground applies, the court decides on immediate extradition within 24 hours; the decision is final. This route does not apply if a different Bulgarian criminal case is pending or the person must serve a sentence for another offence. Consent should not be given without advice and adequate interpretation.

Consent to extradition is not the same as the principle of speciality. Under Article 31, a person surrendered to Bulgaria may generally be prosecuted only for the offence for which they were surrendered, subject to exceptions such as consent from the surrendering state to prosecution for another pre-surrender offence. Another statutory exception applies if the person could leave Bulgaria but does not do so within 45 days after final release, or returns after leaving. Consent and speciality are distinct issues.

Can Bulgaria extradite a Bulgarian citizen?

For ordinary extradition, Article 6(1) bars surrender of a Bulgarian citizen unless a binding international treaty provides otherwise. Bulgaria’s declaration to Article 6 of the European Convention on Extradition says it will refuse extradition of its nationals and treats a person as Bulgarian for Convention purposes if they held Bulgarian nationality when the request was received. Article 6 also excludes a person granted asylum in Bulgaria, a foreign national with immunity from Bulgarian criminal jurisdiction, and a person who is not criminally responsible under Bulgarian law. The statute expressly fixes the request-receipt date for assessing nationality, asylum status and immunity; criminal responsibility is a separate statutory issue.

This rule does not automatically apply to an EAW, a separate EU procedure under Articles 35–66. First establish which document a requesting EU state has issued.

How does the European Arrest Warrant procedure differ?

Under Article 38, an EAW is executed by the regional court where the person is found; the Ministry of Justice is the central authority. Under Article 36, it may be issued for prosecution where the offence carries a maximum custodial penalty of at least 12 months, or to enforce a sentence of at least 4 months. Article 44 requires an open hearing within 7 days of police arrest. Three judges hear the prosecutor, the person and defence counsel and decide immediately on surrender or refusal. The court may request further information.

In Rastoshev, Case C‑712/25 PPU, ECLI:EU:C:2026:101, judgment of 12 February 2026, the Court of Justice held that EU law precludes a national approach under which the fact that an offence was committed wholly or partly in the executing state is, by itself, sufficient to refuse an EAW. Territorial jurisdiction alone should therefore not be treated as automatically defeating surrender; the applicable grounds must be assessed on the facts. For the broader EU procedure, see European Arrest Warrant: arrest, detention and surrender procedure.

What should an extradition lawyer do at each stage?

• At arrest: obtain the written basis for detention, record the time and file number, identify whether the document is an alert, provisional request, formal extradition request or EAW, and arrange interpretation and confidential advice.
• When papers arrive: verify identity and nationality, the issuing authority, warrant or judgment, offence description, limitation information, remaining sentence, translations and authentication, and the treaty that applies between the states.
• Before the hearing: review the file, collect relevant nationality or asylum evidence, prepare a chronology and identify missing documents.
• On detention: calculate each deadline from its statutory trigger and consider any permitted appeal or request to change the measure. Explain that challenging detention does not automatically appeal the extradition decision.
• After the decision: obtain the ruling, calculate any appeal deadline and explain finality; do not promise a later application will suspend surrender.

What should the person and family prepare now?

• Police notices, court orders, warrants, any disclosed INTERPOL/SIS alert and documents from foreign authorities.
• Passport, identity and nationality documents, residence papers and any Bulgarian asylum or protection decision.
• Exact arrest date and time, arrest location, authority, court or prosecutor file number, and the next hearing or decision date.
• The foreign warrant or judgment, charge or sentence details, and documents about an in-absentia trial or time already served.
• Relevant medical records and medication information, plus urgent family or care responsibilities for counsel to assess.
• Questions for counsel: which treaty or EU instrument applies, whether the file is complete, which deadline is running, whether detention can be reviewed, and what any proposed consent would change.

The family should preserve documents and avoid pressuring the person to consent.

A hypothetical example: why 40 days do not end every case

Hypothetical: a person is found in Varna after a non-EU state circulates an INTERPOL Red Notice and requests provisional arrest. First establish whether only the provisional request exists or the formal Article 9 request has arrived, and which prosecutor and court have the file. If the court orders provisional detention under Article 13, the limit is up to 40 days or the applicable treaty period and an appeal is due within 3 days. If the formal request arrives and full proceedings begin, expiry of 40 days does not itself require release; later custody is governed by subsequent orders and applicable law. The lawyer must identify the procedural stage.

What happens after a final extradition decision?

For ordinary extradition, the appellate decision is final under Article 20(3). A certified copy goes to the Ministry of Justice within 24 hours; the Supreme Cassation Public Prosecutor’s Office and INTERPOL’s National Central Bureau arrange handover, with security and escort provided by Ministry of Justice authorities. This is not a second ministerial merits decision.

Article 18 allows postponement and, in specified circumstances, temporary extradition with a return condition if another Bulgarian case or sentence is pending. Under Article 29, transit through Bulgaria requires a transit request, normally before planned transit; an unplanned landing requires an immediate request. Such a request has the effect of a provisional-arrest request. Bulgaria’s declaration under Article 21 of the Convention permits transit on the same conditions as extradition. EAW postponement is governed by Articles 52 and 54.

Local guides address the court-level practical details in Burgas, Plovdiv, Sofia and Varna. For the general cross-border sequence, see How Extradition Works: From Request to Final Decision.

For a case-specific assessment, ask a Bulgarian extradition lawyer to review the actual request or warrant, detention order, applicable treaty or European Arrest Warrant, and the deadlines currently running. You can send a consultation request here.