Bulgaria: Information on the punishment for a person who is convicted of a criminal offence in Bulgaria, makes a refugee claim in Canada and then returns to Bulgaria
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 December 1993 |
| Citation / Document Symbol | BGR15906.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Bulgaria: Information on the punishment for a person who is convicted of a criminal offence in Bulgaria, makes a refugee claim in Canada and then returns to Bulgaria, 1 December 1993, BGR15906.E, available at: https://www.refworld.org/docid/3ae6acc46c.html [accessed 27 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
For information on Bulgarian citizens returning to Bulgaria after failing to gain refugee status in foreign countries, please refer to Responses to Information Requests BGR4019 and BGR9637. These documents are available at your Regional Documentation Centre.
The consul general of Bulgaria in Toronto offered the following information, which is based on the Bulgarian Penal Code and the Code of Procedures (3 Dec. 1993). Persons found guilty of committing a criminal offence in Bulgaria cannot leave the country until they have finished serving their sentence. Should such a person leave Bulgaria and take up residence in a country with which Bulgaria has an extradition agreement, the individual could be extradited should Bulgaria request it.
However, if a person has been tried in absentia and found guilty of a crime committed in Bulgaria, the person will only serve the original sentence if she/he returns to Bulgaria. No extra punishment is attached to the original sentence upon return to Bulgaria (ibid.). Moreover, if a convicted person leaves Bulgaria without the required travel documents, such an individual will be considered as having left Bulgaria illegally, which has its penalty. The source states that changes are continuously being made to the Penal Code and Code of Procedures to bring Bulgaria in line with its membership in the Conference on Security and Cooperation in Europe (CSCE) (ibid.).
It may be of interest to note that "defection" is no longer considered a crime in Bulgaria (since May 1989), but instead is viewed as an administrative infraction (BTA 11 May 1989). Furthermore, persons involved will no longer be treated as political emigrés. In connection with the issue of defection, the national assembly also passed an amnesty act (ibid.). For summary information on the new nationality laws and the new requirements on foreign travel, please refer to the attachment.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Consul General of Bulgaria, Toronto. 3 December 1993. Telephone interview with representative.
BTA [Sofia, in English]. 1O May 1989. "National Assembly Adopts Laws, Ends Session." (FBIS-EEU-89-090 11 May 1989, p. 5)
Attachment
BTA [Sofia, in English]. 1O May 1989. "National Assembly Adopts Laws, Ends Session." (FBIS-EEU-89-090 11 May 1989, p. 5)
