You have the right to defend yourself at all stages of the administrative offences procedure.

This means that you can defend yourself before the court, either in person or through a lawyer. It makes no difference whether you defend yourself, or if you are defended by a qualified lawyer. In both cases you will have the same rights, as well as the obligation to Bulgarian law does not provide for a free lawyer in the administrative offences procedure. However, there are certain situations where the right to a fair trial requires that you are given a free lawyer. Read more about legal aid.

Appropriate time and facilities

You, or your defender, must be given the appropriate time and facilities to prepare your defence. This means, for example, that:

  • All charges must be communicated to you in a timely fashion
  • You must be given access to the evidence in your case
  • You must have an opportunity to challenge the evidence and give your opinion and arguments

If a decision imposing a penalty is not made at the time of the offence, there must be a protocol prepared describing the circumstances of the offence and your charge. In such a case, a copy of the protocol must be given to you immediately. If you are not present when the protocol is being written, the official must provide a copy of it within seven days through the municipal or other bodies. 

You, or your defender, must also be given access to the case file and the opportunity to be present at the hearing of your case in court.

Resources

Last updated 31/01/2019