A Syrian citizen wanted by the judicial authorities in the Republic of Malta will remain in custody until the conclusion of the judicial proceedings under the European Arrest Warrant /EAW/.
The Burgas Court of Appeal confirmed the decision of the Yambol District Court, which imposed the measure of restraint.
Yahia M. from the city of Raqqa, Syria is wanted with a European Arrest Warrant (EAW) issued by the Magistrates’ Court of Malta/Gozo for the conduct of a criminal investigation for intentional arson of a vehicle, qualified under Article 317/b/ of chapter 9 of the laws of the issuing country.
The man was detained during a police check on 14.10.2024. in the area of the village of Saransko, region Yambol with a card of a foreigner with humanitarian status in Bulgaria, which expired in July this year. There is no data on a registered address by place of residence on the territory of our country, as well as any other social or labor commitment in the Republic of Bulgaria.
The form and content of the European Arrest Warrant presented in the Bulgarian language translation meet the requirements of the Law on Extradition and the European Arrest Warrant /EEA/. The wanted person has been charged with the crime of arson, which is punishable by “imprisonment” for five to nine years in Malta.
The act finds its counterpart in the text of Art. 330, paragraph 1 of the Criminal Code of the Republic of Bulgaria, providing for a penalty of “imprisonment” for a term of one to eight years.
The appellate court accepts the conclusions of the first instance regarding the existing risk of concealment of the person due to the fact that he is not a Bulgarian citizen, does not have a registered address of residence on the territory of the Republic of Bulgaria, and that he has been charged with a serious crime.
The Burgas Court of Appeal finds that the measure of restraint taken by the court of first instance against Yahia M. is adequate and only guarantees that he will not abscond and frustrate the examination of the EZA, as well as his handover to the Maltese authorities of the judicial power in case of possible respect of European Arrest Warrant.
The decision of the Court of Appeal – Burgas is final.
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