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

Interception of telecommunication - Art. 18 (2) (b) of the MLA Convention (106)

1. MEASURE IMPLEMENTATION

България

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

Yes. The interception of telecommunication according to Bulgarian legislation has the nature of special means of intelligence representing a method for proving. The interception of telecommunication shall be performed by virtue of a decision of a competent judicial authority and may be applied both during the pre-trial stage and during the court proceedings. The interception of telecommunication may be performed in fulfilment of request for legal assistance of the requesting state and the request shall be in conformity to the legislation of the requesting state, but the application of the measure shall be performed in conformity to the legislation of Republic of Bulgaria. There is not any alternative measure.

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 established by the Council in accordance with Article 34 of the Treaty on European Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 58/2007. European Convention on Mutual Assistance in Criminal Matters of the Council of Europe, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 39/1994. Constitution of the International Telecommunication Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 61/1994. Instrument on amendment of the Constitution of the International Telecommunication Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 99/2001.

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

The Supreme Prosecutor’s Office of Cassation of Republic of Bulgaria, Sofia 1061, Court House, 2 Vitosha Blvd., telephone + 359 2 986 76 71, e-mail vkp@prb.bg. The Supreme Prosecutor’s Office of Cassation is the competent authority to perform the measure in both stages of proceedings.

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

After assessment of admissibility and reasonableness of the request for legal assistance The Supreme Prosecutor’s Office of Cassation files request before the competent district court for issuing of permission for application of the measure. The application of the measure is performed by the State Agency “Technical Operations”, which is a specialized body at the Council of Ministers of Republic of Bulgaria.

4. ACCEPTED LANGUAGES

България

Accepted languages for the request/decision

The request and enclosed documents shall be accompanied by translation in Bulgarian language and in case of lack of such translation – by translation in one of the official languages of the Council of Europe.

5. EXECUTION DEADLINE

България

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

Not applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

The legal assistance shall be rejected in the cases when: - The perpetrator shall not bear penal liability due to amnesty; - The penal liability became void by prescription; - After performance of the crime the perpetrator suffered long-term mental derangement that excludes mental capacity; - Against the same person for the same crime: a pending penal proceedings is in course, an enforceable verdict is issued, an enforceable decree or ruling on termination of the proceedings is issued. Only the competent district court is empowered to issue a permission on application of the measure. The request for legal assistance referring to interception of telecommunication shall include the requisites envisaged under art. 18 of Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by the Council in accordance with Article 34 of the Treaty on European Union. The request shall contain information about the issuing authority, the case under which the application of the measure is requested and the stage of proceedings, short description of performed actions for collecting of evidence and the facts of the case, subject of the case, information about the applicable criminal law of the requesting state including about indictability and prescription for prosecution, the available data about the persons and objects with regard to which the application of the measure is requested and by which the persons and objects may be identified, the term for application of the measure, indication whether the interception of telecommunication has begun and shall be prolonged, indication whether the using of intercepted information may be permitted and how this may be done, indication of the way and the term for transmission of information from the intercepted telecommunication. The measure is applicable to investigation of particular crimes, detection of crimes, arresting of persons, with regard to the need of bringing of criminal charges against certain persons or with regard to enforcement of a verdict issued under criminal case.

b. Other useful information

The measure is applicable only to particular crimes under the Bulgarian Criminal Code envisaged under art. 172 of Criminal Procedure Code of Republic of Bulgaria. The request for application of the measure is confidential. Rendering of assistance by agents from the requesting/issuing state at performance of the measure is not admissible. The performance of the measure shall conform only to the legislation of Republic of Bulgaria.

Last reviewed on 24 август 2016 by Секретариат на ЕСМ

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