Criminal Defence · 25 July 2026 · 7 min read

Rights of the Accused in Bulgarian Criminal Proceedings: Pre-Trial and Trial Safeguards

Any person who becomes the subject of a criminal investigation in Bulgaria — whether a Bulgarian national or a foreign resident — is protected by a defined set of procedural guarantees from the moment of detention through to a final court judgment. This article explains the presumption of innocence, the rights available at the pre-trial and trial stages, the limits on detention, and the remedies available where those rights are breached.

I. Presumption of Innocence and the Framework of Criminal Procedure

Bulgarian criminal procedure is governed principally by the Criminal Procedure Code (Наказателно-процесуален кодекс, НПК), which enshrines the presumption of innocence as its foundational principle under Article 16: an accused person is presumed innocent until proven guilty by a final court judgment, and the burden of proving guilt rests entirely on the prosecution. The Code distinguishes two principal stages of the criminal process — the pre-trial (investigative) phase, conducted under the direction of an investigator and a supervising prosecutor, and the trial phase, conducted before a court of competent jurisdiction. Each stage confers distinct procedural rights on the person under investigation or accused, which are examined in turn below.

II. Rights at the Pre-Trial (Investigation) Stage

A person who becomes the object of a criminal investigation in Bulgaria acquires the formal status of accused (обвиняем) once a prosecutor or investigator issues a decree bringing charges (постановление за привличане на обвиняем). From that moment, and in practice from the moment of any detention, the accused is entitled to a defined set of procedural guarantees.

III. Rights During Detention and Remand in Custody

Bulgarian law imposes strict temporal limits on deprivation of liberty prior to conviction. Police detention under the Ministry of Interior Act may not exceed 24 hours, and a prosecutor's order of detention may extend this to a maximum of 72 hours, after which the detained person must either be released or brought before a court with a request for remand in custody (мярка за неотклонение задържане под стража). Only a court — never a prosecutor or investigator acting alone — may order remand in custody, and the detained person has the right to be present, to be heard, and to be represented by counsel at that hearing. An order for remand in custody may be appealed to the next higher court, and Bulgarian law further guarantees a periodic judicial review of continued detention, so that pre-trial custody may not continue indefinitely without renewed judicial scrutiny of its necessity.

IV. The Right to Defence and Legal Representation

The right to defence is treated under Bulgarian law as one of the most fundamental guarantees of the criminal process. It includes the unqualified right to retain a defence lawyer of the accused's own choosing at any stage of the proceedings, and, in defined categories of cases — including where the accused is a minor, is unable to conduct their own defence, faces a charge carrying a serious custodial sentence, or does not speak Bulgarian — the appointment of counsel is mandatory and cannot be waived. Communications between the accused and defence counsel are confidential, and the defence has the right to be given adequate time and facilities to prepare, including advance notice of investigative and trial acts in which the accused is entitled to participate.

V. Rights During the Trial Stage

Once the prosecutor refers the case to court, the accused becomes a defendant (подсъдим) before a court that must be independent and impartial. Bulgarian trial procedure guarantees a public hearing (save for defined exceptions such as the protection of minors or classified information), the right to be present throughout the proceedings, the right to examine or have examined the witnesses against the defendant, the right to call defence witnesses under the same conditions as the prosecution, and the right to a qualified interpreter free of charge where the defendant does not understand Bulgarian. The prosecution bears the burden of proving guilt beyond reasonable doubt, and any residual doubt must be resolved in favour of the defendant.

VI. Remedies for Violation of Procedural Rights

Bulgarian law provides several avenues of redress where the rights described above are violated. Evidence obtained in breach of the procedural rules governing its collection may be excluded from the case on the defendant's application. A first-instance judgment may be challenged by way of appeal (въззивна жалба) on both factual and legal grounds, and a final avenue of cassation review before the Supreme Court of Cassation is available on defined legal grounds. Separately, a person who has been unlawfully detained, prosecuted, or convicted may bring a claim for compensation against the state under the Act on the Liability of the State and Municipalities for Damage, covering both pecuniary loss and non-pecuniary harm arising from the unlawful action of the investigating and prosecuting authorities.

Practical note: Securing experienced defence counsel at the earliest possible moment — ideally from the point of detention rather than after charges are formally brought — is often decisive to the outcome of a criminal case, since key procedural decisions, including on detention and the scope of the investigation, are frequently made in the first hours and days of a case.
Disclaimer: This article is intended as general legal information only and does not constitute legal advice. Readers are encouraged to seek independent legal counsel tailored to their specific circumstances.

Frequently asked

Can I refuse to answer questions if I am questioned by the investigating authorities?

Yes. The right to remain silent applies, no adverse inference may be drawn from a refusal to give explanations, and no person may be compelled to incriminate themselves. You are also entitled to be informed of the charge promptly and in a language you understand, including the legal classification of the alleged offence and the underlying facts, and to access the case file before it goes to court.

How long can I be held before a judge has to look at my detention?

Police detention under the Ministry of Interior Act may not exceed 24 hours. A prosecutor's order of detention may extend this to a maximum of 72 hours, after which you must either be released or brought before a court with a request for remand in custody. Only a court, never a prosecutor or investigator acting alone, may order remand in custody.

What happens at the hearing where remand in custody is decided?

The request is heard by a court, and only the court can order remand. You have the right to be present, to be heard and to be represented by counsel at that hearing. An order for remand may be appealed to the next higher court, and continued detention is subject to periodic judicial review, so pre-trial custody cannot continue indefinitely without renewed scrutiny of its necessity.

What if I cannot afford a defence lawyer or do not speak Bulgarian?

You are entitled to a court-appointed defence lawyer where you have not retained one. In defined categories of case — a minor accused, a person unable to conduct their own defence, a charge carrying a serious custodial sentence, or an accused who does not speak Bulgarian — the appointment of counsel is mandatory and cannot be waived. At trial, a qualified interpreter is provided free of charge.

What can be done if the authorities broke the rules while building the case against me?

Evidence obtained in breach of the procedural rules governing its collection may be excluded from the case on your application. A first-instance judgment may be challenged on both factual and legal grounds, with cassation review before the Supreme Court of Cassation on defined legal grounds. A person unlawfully detained, prosecuted or convicted may also claim compensation from the state for pecuniary loss and non-pecuniary harm.

Do I only get a lawyer once charges have formally been brought against me?

No. The right to legal counsel arises from the moment of detention or the first investigative act involving you, not only from the decree bringing charges. Securing experienced defence counsel at that earliest point is often decisive to the outcome, since key procedural decisions — including on detention and the scope of the investigation — are frequently made in the first hours and days of a case.

About the author

Lachezar Vesov — Attorney at Law, Sofia

Admitted to the Sofia Bar Association in 2016 (reg. no. 1400697210). Practises in civil, corporate, administrative, banking and criminal matters, advising Bulgarian companies and municipal enterprises alongside foreign founders, investors and property buyers. Member of the Board of Directors of the National Palace of Culture, Sofia, and Chairman of the Appellate Commission of the Bulgarian Football Union’s Sofia Zonal Council.

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