Extradition Lawyer in Burgas: Burgas Regional Court and the Local Procedure

If a person is found in Burgas’s judicial district, Burgas Regional Court (Окръжен съд – Бургас) handles ordinary extradition and incoming EAWs at first instance, with the local Regional Prosecutor’s Office involved. Ordinary-extradition appeals go to Burgas Court of Appeal (Апелативен съд – Бургас). The first hearing must be set within seven days after the court receives the file, not necessarily from arrest.

First establish whether the arrest concerns extradition from a non-EU state or a European Arrest Warrant (EAW) from another EU Member State. Deadlines differ. Do not consent to surrender before a lawyer and interpreter explain the consequences.

Which Burgas court and prosecutor handle the case?

The competent court is Burgas Regional Court (Окръжен съд – Бургас), not the lower Burgas District Court (Районен съд – Бургас). Venue depends on where the person was found.

Institution	Role and local point
Burgas Regional Court Окръжен съд – Бургас	First instance for extradition and incoming EAW cases if the person is found in its district. Ordinary extradition is heard openly by three judges. Courthouse address: 101 Aleksandrovska Street, Burgas; confirm the correct registry and room before attending.
Burgas Regional Prosecutor’s Office Окръжна прокуратура – Бургас	Handles the local file, secures counsel and an interpreter where required, and applies to court. Verify current contact details on the official page.
Burgas Court of Appeal Апелативен съд – Бургас	Hears ordinary-extradition and EAW appeals, plus specified detention appeals. Its ordinary-extradition decision is final under Article 20(3). Address: 101 Aleksandrovska Street, Burgas.
Ministry of Justice / Supreme Cassation Prosecutor’s Office	For ordinary extradition, requests are processed centrally; the Supreme Cassation Prosecutor’s Office arranges surrender after a final decision. EAWs follow the separate route below.

What should happen during the first 72 hours?

This is a practical action plan, not a universal 72-hour deadline. The Act has separate 72-hour periods for particular stages.

When	Action	Why
Immediately	Record the time, place, authority and case reference. Ask for counsel and an interpreter.	For an airport arrest, name Burgas Airport and the checkpoint if known. A Red Notice is not the court’s final decision.
First day	Confirm whether it is an EAW or third-state request, whether the full request arrived, and which prosecutor or court has the file. Send identity and urgent medical information to counsel.	The two procedures have different routes and deadlines.
Before a hearing or consent	Get the detention order and tell counsel about any separate Bulgarian case or sentence.	These facts can affect detention and consent. Family cannot consent for the person.

Under Article 14, after the extradition request is received, the Supreme Cassation Prosecutor’s Office opens a file and detains the person for up to 72 hours at this stage. The local prosecutor must secure counsel and an interpreter if needed, allow access to the file, obtain written explanations and submit the file and detention request to the Regional Court. Not every arrest automatically lasts 72 hours.

Local appellate practice shows why a request for a less restrictive measure needs concrete evidence. On 14 April 2025, the Court of Appeal reported replacing provisional detention with house arrest and electronic monitoring in a Ukraine-related extradition matter, citing stable family residence in Bulgaria, an employed spouse, a young child, no evasion or convictions, humanitarian protection and serious health problems. On 24 July 2025, it rejected the lower court’s “подписка” measure (an undertaking tied to a declared residence and appearing when summoned) as unsuitable because the Bulgarian address was only a short-term holiday rental; it instead set a BGN 4,000 cash guarantee rather than the requested provisional detention. A later report dated 15 May 2026 describes the same Court of Appeal upholding 40-day provisional detention in an extradition matter first heard by Yambol Regional Court, where the person had no current or permanent Bulgarian address and no local employment; a rented flat alone did not remove the concern about attendance. These are fact-specific reports, not binding precedent or promises of release. Counsel should document a reliable address, work and family ties, residence or protection status, medical needs and ability to attend.

What is the ordinary extradition timetable?

For a non-EU request, Bulgaria’s Extradition and European Arrest Warrant Act works alongside the treaty applicable to the requesting state. The 1957 European Convention on Extradition applies only between states bound by it, subject to protocols and declarations. Under that Convention, Bulgaria declares that it refuses extradition of its nationals, permits transit on the same conditions as extradition, and requires documents to be translated into Bulgarian or, if that is unavailable, into an official language of the Council of Europe. The domestic Act bars extradition of Bulgarian nationals unless an applicable treaty provides otherwise. Check the requesting state’s treaty status; see the Bulgaria country guide.

Stage	Rule and deadline	Practical response
Urgent provisional request	Article 13: Supreme Cassation Prosecutor’s Office detention up to 72 hours before local referral; the court may order provisional detention up to 40 days or a treaty period.	Check the legal basis, start time, treaty and possible less restrictive measure.
Detention challenge	Specified orders under Articles 13 and 15 may be appealed to the Court of Appeal within three days.	Keep the order and record when it was announced or served.
File received by court	Article 16(1): hearing scheduled no later than seven days after the court receives the file.	Confirm the case number and hearing date; the clock starts at court receipt.
First-instance hearing	Article 17: open hearing before three judges and a prosecutor; counsel and an interpreter where required. The court may request more information.	Prepare identity and nationality records, a chronology and documents supporting any procedural concern.
Appeal	Article 20: appeal or protest within seven days after announcement; the Court of Appeal considers it within ten days of receipt. Its decision is final.	This appeal deadline differs from the seven-day hearing-scheduling period.
Immediate consent	Article 19: voluntary consent can lead to a final decision within 24 hours if no Article 7 refusal ground applies. The route does not apply if a separate Bulgarian case for a different offence is pending or a sentence for a different offence must be served.	Consent is a substantive choice, not merely a hearing waiver. Get advice on the request’s scope and speciality.

Documents, other proceedings, treaty rules and appeals affect duration. Calculate each deadline from the event named in the article.

What changes under a European Arrest Warrant?

An EAW is judicial surrender between EU Member States, not extradition to a third country. Under Article 38, the executing court is the Regional Court where the person is found; in this district, that is Burgas Regional Court.

Article 42 distinguishes an EAW received directly by the court from one received by other channels. Initial police detention may be up to 72 hours or 24 hours, depending on the route.
Current Article 42(6)–(7) requires a lawyer and interpreter immediately after police detention and a rights declaration in a language the person understands.
Article 44 requires an open hearing before three judges and a prosecutor within seven days of police detention.
Under Article 48, appeal is due within five days of announcement and is heard within five days of receipt; the appellate decision is final. The decision is due within 60 days of police detention, extendable by 30 days. If the case remains unfinished after 90 days, the court must notify Eurojust.

Consent under Article 45 is a separate route: it may be withdrawn within three days after it is given; if it is not withdrawn, the court issues a final decision within seven days after the withdrawal period expires. This is not the five-day Article 48 appeal route. Ask counsel to calculate the applicable period immediately.

The EAW limits do not guarantee release on day 60. For the full national procedure, see the Bulgaria country guide; detailed refusal grounds belong in the remedies guide.

Where may the person be held?

The Ministry of Justice’s announcement about the new Burgas remand facility said the remand cells had been moved from the Regional Directorate of the Ministry of Interior into a dedicated part of Burgas Prison; the announced capacity was 36 detainees. This is a historical description, not a guarantee about a person’s current placement. Before travelling, ask the arresting authority or prosecutor to confirm the current facility, case reference and visit procedure. Check whether the person is still with police, has been remanded by a court or has been transferred.

What should the family or foreign lawyer prepare?

Passport or other identity document, proof of nationality, and residence or asylum papers if relevant.
Arrest record, notice or warrant, any EAW or extradition papers, and the exact arrest time and place.
Bulgarian court or prosecution reference, plus details of any separate case, sentence or detention order.
Medical records, medication needs, accessibility information and the language the person understands.
Evidence for a less restrictive measure: reliable address, residence status, work and family ties, protection documents and serious health needs. A short-term holiday rental may not show the person can be found for hearings.
Relevant judgments, appeal papers, date evidence and reliable proof of any specific risk. Keep originals and send readable copies to counsel.
For family contact: full name, date of birth, nationality and the authority that confirmed the arrest. Consular help does not replace a lawyer.

Under Article 77(3) of the Court Administration Rules, a lawyer may consult the case file without a case-specific power of attorney by showing a bar card; parties access files under the procedural rules, but a relative who is not a party should not assume unrestricted access. The public court portal lists hearing schedules and anonymised published acts; access to the live electronic file may require credentials. Ask counsel or the registry to confirm the current access route and hearing date.

On the first call, ask which procedure applies, which court and prosecutor hold the file, what event starts the next deadline, and whether counsel and an interpreter are appointed.

What is specific to an arrest at Burgas Airport?

A published Burgas Regional Court decision dated 17 October 2025 records an extradition-related arrest by the Burgas Airport border checkpoint. The person consented to immediate extradition to Moldova, so it is not a ruling on a contested request. Record the exact checkpoint and responsible unit; the airport itself does not decide extradition.

Hypothetical example: why the procedure type matters

Hypothetical: a traveller is stopped at Burgas Airport after an alert linked to another EU state. First confirm whether it is an EAW or a non-EU extradition request. The EAW appeal period under Article 48 is five days; an ordinary-extradition appeal under Article 20 is due within seven days. Counsel must calculate from announcement of the actual decision.

Questions families often ask

Does a Red Notice automatically mean extradition?

No. Bulgarian law allows action to be triggered by an international Red Notice, but the applicable procedure and court decision still matter. The notice is not itself the final Bulgarian extradition decision.

Does the seven-day period always start on arrest?

No. In ordinary extradition, Article 16 measures hearing scheduling from the court’s receipt of the file. Under an EAW, Article 44 measures it from police detention. Appeal periods start from announcement of the relevant decision.

Will a person arrested in Burgas definitely be held at a Burgas facility?

No universal placement rule was verified. Confirm the current custody location with the arresting authority or prosecutor.

Sources and official information

Consultation note: This is general information, not individual legal advice. The site’s team coordinates cross-border defence with local counsel. To discuss a specific situation, send a request.