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Prof.
Shopova Petya
Doctor in
Law
Lawyer in
Sofia Bar Association
Bulgaria
Lawyers’ Defense in Bulgaria
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Historical line
The first
Bulgarian Constitution was adopted in 1879. The Constitution is based on the
principle of separation of powers, i.e. legislative, executive and judiciary
and lawyer defense.
The first
rules about lawyers are to be found in the Law of Court Structure from 1888.
The attorneys – at law were admitted to the District Courts after petition.
A special
Attorneys Act adopted on 1925 year structured the Bulgarian attorneys’
organization according to the principles of self- administration and
self-control.
In 1947 a
Law was adopted, and then a Decree on the Attorneys, in 1952 and 1976.
During this period the Minister of Justice supervised the activities and the
structures in the Law associations.
After the
democratic transformation, in 1991 a New Bulgarian Constitution was adopted,
and then an Attorneys Act in 1991 and an Attorneys Act in 2004 year. In the
Constitution and Attorneys Acts the profession was defined as a constitution
activity for legal support and protection of freedom, rights and legal
interests of the individuals and legal corporations. The new principles are
independence, exclusiveness, self-administration and self-supply.
In
Bulgaria we have a tradition of organizing the lawyers in Bar Associations
and we have had a National Association for 93 year. My father was a lawyer
for many years and I have nice memories of his activity.
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Legislation for lawyers
At this
moment we have a new Attorneys Act. It has been in operation since 2004 for
regulating our profession.
The basic
article 4 says that to be a lawyer it is necessary to have judicial
education, judicial legal competency, 2 years of judicial practice,
professional and moral qualities and a successful examination in the Bar
Association. If the practice is 2 years long, it is possible to be a junior
lawyer.
The Bar
Association has the right to introduce or not introduce the candidates.
The
Lawyers structures are: a local Bar Association in regions of every District
Court and National Lawyers Assembly. In the Bar Association there are a
Lawyers Council and a Control Council. We also have a Supreme Bar Council
and a Supreme Control Council.
It is
possible to be a single lawyer or a member of a Lawyers company (from 2004
on). In every District Court there is the register of Lawyers companies.
Since 1st
January 2007 the foreign lawyers have a possibility to work in Bulgaria. The
general norms to provide this possibility with the Bulgarian lawyer are in
the base of the contract between Bulgaria and relevant country. The foreign
lawyer presents a petition to the President of the Supreme Bar Association
and the President is to permit or not a Resolution.
The
lawyers – citizens of an EU member-country - have the possibility one time
to work in our Court without a Bulgarian lawyer, but with a
certificate issued by the Bulgarian Supreme Bar Association. If in the
Bulgarian Procedural Criminal Code the protection is obligatory, it is
necessary to be again with a Bulgarian lawyer.
If the
foreign lawyer has been permanent in Bulgaria for 3 years, he have the
possibility to be registered in the register of Foreign Lawyers in the
Supreme Bar Association. He/she needs- National certificate for lawyers
activities, a document of Bulgarian language examination and an agreement
with a Bulgarian lawyer about joint activities.
The
foreign lawyer also has a possibility to be a member of the Bulgarian Bar
Association – after 3 years in Bulgaria or after an examination on
Bulgarian legislation in the Bulgarian language.
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Lawyer in criminal trial
The new
Bulgarian Procedural Code (PC) was adopted in 2005, effective since 29th
April 2006, is harmonized with nice European practices and adopted the
German procedural model in police investigation.
Article 91
of PC provides that a defender in a criminal trial cannot be only lawyers
but near relations too, for example husband, wife, son, daughter, grandson
and granddaughter, mother, father, grandmother, grandfather. This
possibility is very debatable.
The
defender-lawyer may enter a trial at the moment of a client’s arrest or at
the moment of bringing the person to justice. Defenders have many
possibilities and obligations in process.
Our
criminal process has two phases - pre-judicial and judicial. The judicial
phase is basic.
In the
pre-judicial phase a defender may participate in all procedural activities
for investigation (only but if the policeman investigator is sure!).
In the
base phase of trial - in a judicial phase – a defender has all the
possibilities to protect the rights of their client.
In our PC
there exists the obligatory defense - if a charged person has a minority
status (14-18 of age), has physical or mental problems, does not understand
the Bulgarian language, if the charge is for a crime with penalty of 10 or
more years, if the case is in the Supreme Court, etc.
The crime
victims have the possibility to participate in the central phase of trial as
a private prosecutor or a civil claimant. He/she may have a lawyer -
attorney. In our PC it is very important to protect the victim’s rights.
We have in
PC new norms about international relations for criminal cases - personal
transfers and trial transfers, international legal help in crime procedures,
recognition of the sentences of foreign Courts.
Our new PC
is modern and nice.
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