District Court – Kyustendil took a measure of remand “Detention in custody”, in relation to a citizen of the Republic of North Macedonia, wanted with a European Arrest Warrant from Germany. D. Liprt, 50 years old, arrived in the country through the Gueshevo border crossing on 11/13/2023, as a passenger in a car. During a check, it was found that there is an arrest warrant for the person, given a European Arrest Warrant issued by the District Court in the city of Oberhausen, Germany.
The foreign citizen is wanted in connection with criminal proceedings against him for committing 5 crimes, classified as theft in a particularly serious case, and the maximum term of the punishment that can be imposed on him is imprisonment for a term of up to 10 years, it is stated in the request of the District Prosecutor’s Office – Kyustendil for taking the most severe measure of non-refoulement.
District Court – Kyustendil accepts that there is a valid European Arrest Warrant. It concerns the person requested for detention and was issued on the basis of a judicial authority for his detention in custody, on the occasion of criminal prosecution for a crime committed against property – theft. The evidence points to a conclusion that there is a present real danger of absconding the requested person. This is how the court accepts, given the serious crime for which he is wanted, the data on his absconding from the justice system in Germany, which necessitated his search, lack of formal connection with Bulgaria and permanent residence, given his travels. Given the stated considerations, the court accepts that only the “Detention in custody” measure can guarantee the participation of the requested person in the actual proceedings under the European Arrest Warrant, which is mandatory. A lighter measure, according to the court, would allow the requested person to leave the Republic of Bulgaria and again hide from the competent judicial authorities in Germany.
The decision of the District Court – Kyustendil is subject to appeal before the Court of Appeal – Sofia.
NOTE: Pursuant to Art. 16 of the Criminal Code, the accused is presumed to be INNOCENT until the contrary is established by an effective sentence.