Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: България

Прихващане, записване и преписване на телекомуникации (101)

1. MEASURE IMPLEMENTATION

България

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Application of the measure is possible under a signed international contract, to which Republic of Bulgaria is a party. The measure is a method for proving /special means of intelligence/ the application of which is admissible with regard to intentional crimes explicitly envisaged under the Criminal Procedure Code that are punishable with deprivation of liberty for a term of more than five years, life imprisonment without exchange, if the respective circumstances may not be established in any other way or their establishment is extremely difficult and complicated. Additional information shall be requested with regard to the crimes for which the application of the measure is admissible.

2. LEGAL FRAMEWORK

България

International legal framework applicable for this measure in your Member State

Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. Law on Ratification of Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. Art. 159a and art. 172 – 176 of Criminal Procedure Code. Law on Special Means of Intelligence Law on Electronic Communications

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

The Supreme Prosecutor’s Office of Cassation is the competent authority to fulfill requests for interception and immediate transmission of telecommunications or for interception, recording and subsequent transmission of recorded telecommunications.

* execute/recognise the measure (if other than the receiving authority)

Permission for the application of the measure shall be issued by the competent court.

4. ACCEPTED LANGUAGES

България

Accepted languages for the request/decision

** The request for legal assistance and the enclosed documents shall be translated in Bulgarian language; ** One of the official languages of the Council of Europe is also accepted; ** However, it is recommended the request for legal assistance and the enclosed documents to be translated in Bulgarian language.

5. EXECUTION DEADLINE

България

Deadlines for the execution of the request/decision (where applicable)

** By virtue of art. 159a of Criminal Procedure Code the deadline is 6 months back from the moment of the receiving of the request for legal assistance. ** Interception – special means of intelligence – 60 days with opportunity for prolongation with 120 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

Special requirements shall be negotiated and specified according to the demands in the request for legal assistance directly with the Supreme Prosecutor`s Office of Cassation.

b. Other useful information

N/A

Last reviewed on 24 август 2016 by Секретариат на ЕСМ

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