Detaining a person under the Ministry of Internal Affairs Act (MIAA) and applying measures of restraint under the Criminal Procedure Code represent forms of coercion against individuals, regulated by law. These actions affect constitutional and legally guaranteed human rights, so their lawfulness depends on meeting the legal requirements. Otherwise, the actions of state authorities will be unlawful. In such situations, seeking assistance from a criminal defense lawyer is recommended.
We recommend consulting a criminal lawyer in cases of detention under MIAA, when applying measures of restraint, or when being charged as an accused person. A good lawyer ensures the protection of your legally guaranteed rights and interests.
DETENTION FOR 24 HOURS UNDER MIAA
Detention under MIAA is limited to a maximum of 24 hours. It constitutes a compulsory administrative measure, colloquially referred to as an arrest.
Police authorities can detain a person:
1. Who is suspected of committing a crime;
2. Who consciously hinders a police officer from fulfilling their duties, despite due warnings;
3. Who exhibits severe psychological disturbances and, through their behavior, disrupts public order or poses a clear danger to their own life or the lives of others;
4. Whose identity cannot be established, under the conditions and procedures set forth in MIAA;
5. Who has evaded serving a prison sentence or detention imposed by a judicial authority. If the detained person is a minor, they must be provided with legal counsel from the moment of detention;
6. Declared wanted for detention, including in response to a request by another country for extradition or enforcement of a European Arrest Warrant;
7. In other cases defined by law.
DETENTION ORDER
From the moment of detention, the individual has the right to legal counsel. The detainee has the right to refuse to provide explanations if detained for suspicion of committing a crime. The responsible authority must promptly notify a person designated by the detainee about the detention. A written detention order must be issued, stating:
- The grounds for detention;
- Details of the detained person;
- The date and time of detention;
- The restriction of the detainee’s rights;
- The detainee’s right to
a) contest the legality of the detention in court;
b) access legal defense from the moment of detention;
c) receive medical assistance;
d) make a phone call to notify someone of their detention;
e) contact the consular authorities of their country if they are not Bulgarian citizens, and the consular authorities must be notified immediately upon request;
f) use a translator if they do not understand the Bulgarian language.
DETENTION FOR 72 HOURS
This type of detention is regulated under the Criminal Procedure Code. It may be ordered by the prosecutor to ensure the accused is brought before the court for determining a measure of restraint.
MEASURES OF RESTRAINT
When the conditions for applying a measure of restraint are met, the competent authorities may impose one of the following measures:
- Written pledge not to leave the area;
- Bail;
- House arrest;
- Detention in custody.
The purpose of measures of restraint is to prevent the accused from absconding, committing a crime, or obstructing the enforcement of a final sentence. The choice of measure considers the type and seriousness of the crime, evidence collected, health condition of the accused, and other circumstances.
APPEALING A MEASURE OF RESTRAINT. ASSISTANCE FROM A CRIMINAL DEFENSE LAWYER
The accused or their lawyer may, at any time during the pre-trial phase, request a change in the measure of restraint. The request is submitted through the prosecutor, who must promptly forward the case to the court. The court schedules a hearing within three days and examines the case in an open session with the prosecutor, the accused, and their lawyer. The court evaluates all circumstances related to the legality of detention and issues a ruling announced during the session. The ruling is subject to appeal before the appellate court.
The appellate court hears the case with the prosecutor, the accused, and their lawyer present. The appellate court issues a ruling announced during the session. This ruling is final and cannot be appealed further. If bail is set as the measure, the accused is released upon payment.
After an indictment is filed, a request for a change in the measure may be submitted, provided there is a change in the circumstances that justified the measure.
Consult a Criminal Defense Lawyer
We recommend consulting a criminal lawyer in cases of detention under MIAA, when applying measures of restraint, or when being charged as an accused person. A good lawyer ensures the protection of your legally guaranteed rights and interests.
The legal team at Zdravkov Law Office provides defense and assistance in criminal cases. Our lawyers represent defendants and help formulate defense strategies from the pre-trial phase. Criminal liability is the most severe sanction, and our team approaches such cases with the utmost seriousness, ensuring procedural rules safeguarding the accused’s rights are followed and conducting a thorough analysis of evidence collected.
For more information about our criminal law services, visit here.
Do not hesitate to contact us for consultation and assistance with your case:
+359886722772
Sofia, Positano Square №3
Plovdiv, Tsar Boris III Blvd. № 128
0 Comments