Относно задържането на лице по чл. 72, ал. 1, т. 1 от закона за Министерството на вътрешните работи
Towards the Problem of Detention under Article 72, Paragraph 1, Point 1 of The Ministry of The Interior Act

Author(s): Kiril Goranov
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy, EU-Legislation, Sociology of Law, Court case
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: detention of a suspected person; police authority; reasonable suspicion of committed offence; detention order; substantive legality of the administrative act; factual and legal grounds; effective exer
Summary/Abstract: The current Bulgarian legislation empowers police authorities to detain a person deemed to have committed a crime. Exercising such power, in practice, results in restriction of one of the most important fundamental rights guaranteed by the Constitution of the Republic of Bulgaria, namely, the right to personal liberty and inviolability. A written order is issued for the detained person, which by its nature represents an individual administrative act, and, as such, must meet the five requirements for legality of administrative acts. The present paper focuses on the obligation of the police authorities to observe the substantive law, to state promptly the reasons for detention, as well as to eliminate any form of abuse of power entrusted to them. For the purpose of preventing unlawful and arbitrary detention, police authorities ought to comply with the European Convention on Human Rights and European Union law, as well as take into consideration the relevant case-law of the European Court of Human Rights and the case-law of the Court of Justice of the EU.

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