Extradition and deportation.

political analyst

https://www.bbc.com/news/uk-60512439

Daniel Erickson-Hull fled to Bulgaria in 2017 after serving a sentence for making and possessing indecent images of children. Therefore, he broke the law by not signing the sex offenders register and not notifying the authorities in Britain of his intention to travel abroad. The fact that there's no such register in Bulgaria means that he has not been extradited.

I know the principle of dual criminality but the Bulgarian authorities could get around that by deporting him back to Britain, couldn't they? If they can, why won't they?

The Bulgarian police did investigate him for crimes there, according to that report. The case fell apart because the victims withdrew their statements.

How would you suggest prosecuting him?

political analyst

https://www.boards.ie/discussion/comment/118719617#Comment_118719617

He's not a Bulgarian citizen. So why can't the Bulgarian authorities just deport him back to Britain anyway?

ohnonotgmail

deport him back to britain? I don't see on what basis they can do that. Rescind his visa and tell him to leave the country, that is something they could do. I doubt he meets any country's standard of a desirable resident.

political analyst

https://www.boards.ie/discussion/comment/118719665#Comment_118719665

Deportation is not the same as extradition.

ohnonotgmail

https://www.boards.ie/discussion/comment/118719698#Comment_118719698

when you say deport him to britain that is extradition.

political analyst

https://www.boards.ie/discussion/comment/118719704#Comment_118719704

I don't know of any law that says that sending someone who is the citizen of a country that has an independent judiciary and does not have torture back to that country is extradition by default. I'm suggesting deportation as a way around the principle of dual criminality.

ohnonotgmail

https://www.boards.ie/discussion/comment/118719718#Comment_118719718

and I am suggesting that they can deport him, just not back to britain if that is not his wish.

https://www.boards.ie/discussion/comment/118719647#Comment_118719647

They're not interested obviously in deporting him.

Peregrinus

Either extradition or deportation - and, yes, they are different things - from Bulgaria would have to be in accordance with Bulgarian law, and we don't know what Bulgarian law says about either extradition or deportation.

I note from the report that this guy arrived in Bulgaria while the UK was still an EU member state, and so had free movement rights. It may be that, having settled in Bulgaria before Brexit, he has retained rights under the Withdrawal Agreement, and this may constrain the ability of the Bulgarian authorities to deport him. Another possiblity is that they don't want to deport him; they still hope to prosecute him in Bulgaria. I do not that the linked newspaper report doesn't contain any comment from the Bulgarian authorities and doesn't say what their position is.