We at the law firm “Kolybanekova & Partners” specialize in protecting the rights of citizens, especially in cases of police detention for 24 or 72 hours. Our team of good criminal law lawyers provides professional legal services in all regional cities in Bulgaria: Sofia, Plovdiv, Varna, Burgas, Stara Zagora and others.
Police detention for 24 or 72 hours pursuant to Art. 72 of the Ministry of the Interior Act is a measure that can be challenged and appealed before a court of law. We examine in detail the process of appealing a detention order for up to 24 hours from the Ministry of Interior, as well as the procedures for appealing 72 hours of detention.
In order to protect your rights effectively, it is important to familiarize yourself with the various aspects of this legal measure, including the maximum period of detention in custody and the conditions for amending a measure of inadmissibility of house arrest. Our lawyers can advise you on the possibilities of appealing a measure of non-derogatory detention in custody.
With experience and competence, we will take care of every aspect of your case, including the appeal of a detention order and defense of an accused in pre-trial proceedings. Whether you need a criminal lawyer in Sofia, Plovdiv, Burgas, Varna or Stara Zagora, we are here to provide you with the necessary legal assistance and protect your rights.
Our team of criminal law attorneys work tirelessly to ensure fairness and protect the legal rights of each client. With our support, you will be informed and prepared for every stage of the legal process, including the maximum stay in custody.
We understand how important it is for you to have a good criminal lawyer and strive to provide services that meet the highest standards of professionalism and ethics. Whether you are in Sofia, Plovdiv, Varna, Burgas or Stara Zagora, you can count on our expertise and commitment to your case.
According to Art. 72 of the Law on the Ministry of Interior (Ministry of Interior) in Bulgaria, police authorities may detain a person for a period of up to 24 hours in the presence of the following grounds:
For detention to be legal, police authorities must follow a certain procedure. First, they must issue a written detention order, which includes the name, position and place of work of the police authority that issued the order, the factual and legal grounds for the detention, data individualizing the detained person, the date and time of detention, as well as the rights of the person, including the right to appeal to the court, the right to legal protection, the right to medical assistance and the right to make a telephone call to report their detention (Article 74 of the Ministry of Internal Affairs Act ).
According to Art. 72, para. 3 of the Ministry of Internal Affairs Act, when the detained person does not speak the Bulgarian language, he must be immediately informed of the grounds for his detention in a language that he understands. This is key to guaranteeing the rights of detainees, especially in cases of a detained foreigner in Bulgaria, and to ensure transparency in the process.
The detained person has the right to appeal the legality of the detention to the district court at the seat of the authority that issued the order within 14 days from the moment the order is served. Pursuant to Article 72 (4) of the Code of Administrative Procedure, the court shall rule on the appeal without delay, and its decision shall be subject to a cassation appeal under the procedure of the Code of Administrative Procedure before the relevant administrative court. This provides a quick and effective mechanism for protecting the rights of detainees. From the moment of detention, the person has the right to a defender. The police authority must explain to the detained person the right to a lawyer and the right to refuse to give explanations (Article 72, para. 5 of the Ministry of Internal Affairs Act). This is important to ensure justice and protect the rights of detainees.
According to Art. 72, para. 6 of the Ministry of Internal Affairs Act, the police authority is obliged to immediately notify a person named by the detainee. This ensures that the relatives of the detained person will be informed of the detention and will be able to take the necessary actions to protect him.
If there are minors among the detainees, they are accommodated in special rooms, separate from adult detainees, and have the right to medical examination for their general physical and mental condition without undue delay, but not later than 24 hours after the detention (Article 72, para. 8 of the Ministry of Internal Affairs Act). This is an essential measure to protect the rights and health of juvenile detainees.
Police authorities are obliged to ensure their personal safety when carrying out the detention, which includes checking the person for the presence of dangerous objects and readiness to act if necessary (Article 75 of the Ministry of Internal Affairs Act).
Important! You should know that if you appeal a detention order for 24 hours, and the court considers it unlawful, the illegally detained citizen has the right to claim compensation for pecuniary and non-pecuniary damages caused
Appealing an unlawful detention order for 24 hours is a process that requires prompt and well-reasoned action to ensure that the detainee's rights are protected. According to Art. 72, para. 4 of the Ministry of Internal Affairs Act, the detained person has the right to appeal the legality of the detention to the district court at the seat of the authority that issued the order.
In order to be entitled to compensation, you must have a court decision that has entered into force revoking the detention order for 24 hours. Compensation can be claimed for damages such as stress, anxiety, insomnia, deprivation of food, water, sleep and rest, as well as for other physical and mental suffering. In its practice, the Supreme Court of Cassation (SCC) accepts that compensation for non-pecuniary damages under the Law on the Liability of the State and Municipalities for Damages (ZODOV) is due even when there is no evidence of them involved, since it is normal for such damages to have been suffered (Decision No. 427 of 16.06.2010 of the Supreme Court of Cassation of the Republic of Bulgaria, No. 273/2009, III)
Appealing a detention order is an important right of every detainee. In case of successful appeal and cancellation of the order, the person is entitled to compensation for the non-pecuniary damage suffered. Law Firm “Kolibanekova & Partners” is available to provide professional legal assistance in appealing detention orders and compensation claims in all regional cities in Bulgaria
A citizen can be detained for 72 hours when the prosecutor asks the court to impose a measure of inadmissibility “detention in custody”. This means that the person has already been charged or a subpoena has been sent to appear for questioning as an accused. It is important, upon receipt of such a summons, to immediately contact a lawyer so that a defender is present at the interrogation.
During the interrogation, whether you are with a lawyer or alone, you have the following rights:
After the interrogation, you will be taken into custody, where you will be held until the court decides on the injunction. Until the measure is taken, you will be able to be visited unlimitedly only by your lawyer.
The prosecutor must submit a request for your detention to the court within 72 hours of your detention. Judicial proceedings are held in two instances, during which you need to provide yourself with adequate protection. Various measures of non-derogation may be imposed in this proceeding:
The procedure for detention for 72 hours is strictly regulated and is aimed at ensuring the rights of the detained person. It is important to consult a lawyer immediately after receiving a subpoena or indictment in order to be prepared for the interrogation and to provide yourself with adequate protection during court proceedings.
Successful appeal of 72-hour detention requires a good knowledge of the legal provisions and strict adherence to the procedures provided for in the Code of Criminal Procedure (CPC). As we said above, the injunction measure “detention in custody” in pre-trial proceedings is taken by the relevant court of first instance at the request of the prosecutor. The prosecutor may order the detention of the accused for up to 72 hours to ensure his appearance in court. It is important to know that in exceptional circumstances or with the express written consent of the accused and his defense attorney, the accused may also participate in the case by videoconference.
The court gives the accused and his defence counsel the opportunity to familiarize themselves with all the evidence collected so far in the case. The case is considered immediately in an open hearing with the participation of the prosecutor, the accused and his lawyer. The court may take a measure of non-derogation “detention in custody” if the grounds under Article 63, paragraph 1 of the NPC exist. If these grounds are not present, the court may not take a measure of non-derogation or take a lighter measure.
The court pronounces by order, which is announced to the parties at the hearing and is executed immediately. The decision is subject to appeal with a private appeal and a private protest before the Court of Appeal within three days. The Court of Appeal considers the case in an open hearing with the participation of the prosecutor, the accused and his defense counsel. The absence of the accused without a good reason is not an obstacle to the consideration of the case. In the event of a state of emergency or other force majeure circumstances, the accused may participate in the case by videoconference.
The Court of Appeal shall rule by order, which shall be announced to the parties at the hearing and shall not be subject to appeal by private appeal and private protest. Where a measure of non-derogation from bail has been taken by the order which has entered into force, the accused in custody shall be released after it has been lodged. The accused or his defence counsel may, at any time during the pre-trial proceedings, request an amendment to the measure of inadmissibility taken “detention in custody”. The request is made through the prosecutor, who is obliged to immediately send the case to the court. The case is scheduled within three days of its admission to the court and is considered in an open court session with the participation of the prosecutor, the accused and his defense counsel.
The court assesses all the circumstances related to the legality of the detention and pronounces by order, which it announces to the parties at the hearing. The order is executed immediately after the expiry of the time limit for appeal, unless a private protest is filed that is not in the interests of the accused. Where the request is made by the accused or his defence counsel and the court upholds the measure of inadmissibility, the court may set a time limit within which a new request is inadmissible. This period may not be more than two months from the entry into force of the determination, unless the request is based on a deterioration in the state of health of the accused.
For the successful appeal of 72-hour detention, it is important that the accused is well informed of his rights and provides competent legal protection. Legal assistance is key for the preparation of a reasoned appeal and for the presentation of evidence to convince the court of the need to change or cancel the imposed injunction. In cases of detention, the possibility of appeal is an essential means of protecting the rights of the accused and of ensuring a fair trial.
If the court rejects your appeal against the measure of non-deviant detention taken after the 72-hour detention, you and your lawyer can appeal this decision to the court of appeal. The Court of Appeal considers the case in an open hearing with the participation of the prosecutor, the accused and his defense counsel. If the court of appeal also confirms the detention, its determination is not subject to appeal by private appeal and private protest. In this case, a new request for amendment of the non-derogation measure may be submitted after a certain period of time if there are new circumstances, such as a deterioration in your state of health.
If you are detained for 24 hours and do not speak Bulgarian, you have the right to be informed of the grounds for your detention in a language that you understand. This includes providing information about the reasons for the detention, your rights during detention and the right to a lawyer. The police authority is obliged to provide an interpreter to help you understand all the important aspects of your detention and your rights in this situation.
When the grounds for your detention are dropped, the police authorities are obliged to release you immediately. This can happen if it is established that the detention was unlawful or if the reasons for the detention are no longer valid. Once it is established that there are no legal grounds for continuing detention, the police authority must inform you and release you without undue delay.
You have the right to appeal a police detention order for 24 hours before the district court at the seat of the authority that issued the order. The complaint must be filed within 14 days of the issuance of the order. The court is obliged to consider the appeal immediately and rule on it. The decision of the court is subject to appeal in cassation to the relevant administrative court under the procedure of the Code of Administrative Procedure. It is important to comply with all procedural deadlines and to provide competent legal assistance for an effective appeal of the order.
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