Transfer of Probation Measures in the European Union Cover Image

Трансфер на пробационни мерки, постановени в държави-членки на Европейския съюз
Transfer of Probation Measures in the European Union

Author(s): Ralitsa Kostadinova
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, International Law, Sociology, Penology, EU-Legislation
Published by: Нов български университет
Keywords: Criminal law; Penitentiary Law; Probation; Probation Measures; Transfer; Suspended Sentence; Council; Framework; Decision 2008/947/JHA
Summary/Abstract: Under the Bulgarian Criminal law the court may impose probation as punishment or impose a probation measure during the testing period in the case of suspended sentence and early release. Once imposed they become part of the probation regime during test period and any failure to observe them triggers consequences unfavorable for the sentenced person. The adhesion of our country to the European Union in 2007 and the free movement of persons and services faced criminal justice science with new challenges. In 2012 Bulgaria transposed Council Framework Decision 2008/947/JHA dealing with the transfer of probation measures and the application of the principle of mutual recognition of probation decisions and alternative sanctions. The basic principles and aims of the Decision are implemented in the national legislation through the Act on the recognition, execution and forwarding of judgments and probation decisions for the purposes of supervision of the probation measures and alternative sanctions.