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

Проникване от агенти под прикритие на заявената държава (201)

1. MEASURE IMPLEMENTATION

България

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

A definition of “undercover agent” is envisaged under the Bulgarian Law on Special Means of Intelligence – art. 10c stating that such person is an official from the competent authorities under the Law on Special Means of Intelligence, the Law on the Ministry of Interior, the Law on Defense and Armed Forces or from the National Intelligence Service, empowered to establish or maintain contacts with a controlled person in order to receive or reveal information about performance of grave intentional crime or about organized criminal activity. The competent authorities are envisaged under art. 20 of the Law on Special Means of Intelligence and art. 34k /new provision – State Gazette, issue 88/2009/, special means of intelligence may be assured and applied by competent authorities of a foreign state; art. 34k, paragraph 2 – foreign undercover agent has the powers and may be used for reaching of the purposes under art. 10c /made equal to the Bulgarian undercover agent/ of the Law on Special Means of Intelligence, when this is envisaged under an international contract that has entered into force for the Republic of Bulgaria or an agreement in conformity to the reciprocity principle has been signed with regard to each separate case. The Criminal Procedure Code regulates the using of this method for collecting of evidence under art. 172 – 176, Section III.

2. LEGAL FRAMEWORK

България

International legal framework applicable for this measure in your Member State

Law on Special Means of Intelligence – art. 10c, art. 20, art. 6, art. 7, art. 34k. Criminal Procedure Code – art. 172 to 176, art. 476, paragraph 4. The European Convention on Mutual Assistance in Criminal Matters (ECMACM) of 1959 and II Additional Protocol or with regard to a member-state of the EU – Convention of 2000 as well as under bilateral contracts and UN conventions. Regulated under art. 476, paragraph 4 of Criminal Procedure Code – the Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria under the condition that ECMACM of 1959 and II Additional Protocol are in force for both States or with regard to a member-state of the EU – Convention of 2000 as well as under bilateral contracts and UN conventions.

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

The Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria

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

Practical procedure: When the Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria receives a foreign request for legal assistance it issues a decree on admission of fulfilment of this request and of activities of the foreign undercover agent and assigns the fulfilment to the specialized authorities under the Law on Special Means of Intelligence. The undercover agent shall sign a declaration under art. 173, paragraph 3 of Criminal Procedure Code that he is informed about his tasks and obligations with regard to the particular investigation. This measure usually goes together with requests for using of other special means of intelligence – “wire-tapping” and “video surveillance” – with regard to these legal methods the prosecutor shall file a request for issuing of permission before the competent court. The initial permission is issued for a term of 60 days by virtue of art. 175, paragraph 3 of Criminal Procedure Code and may be prolonged for not more than 4 months. By virtue of art. 476, paragraph 5 of Criminal Procedure Code under conditions of reciprocity the foreign undercover agent may collect evidence in conformity to his national legislation. A special permission is required with regard to this action, which is granted by a competent authority under the national legislation – in this case the Supreme Prosecutor`s Office of Cassation 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 or in one of the official languages of the Council of Europe. With regard to the prompt administration and fulfillment of the request it is recommended the latter to be translated in Bulgarian language in advance.

5. EXECUTION DEADLINE

България

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

Permission for a term of 60 days that may be prolonged with new 120 days in exceptional cases.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

The undercover agent shall sign a declaration under art. 173, paragraph 3 of Criminal Procedure Code that he is informed about his tasks and obligations with regard to the particular investigation. This measure usually goes together with requests for using of other special means of intelligence – “wire-tapping” and “video surveillance” – with regard to these legal methods the prosecutor shall file a request for issuing of permission before the competent court. The initial permission is issued for a term of 60 days by virtue of art. 175, paragraph 3 of Criminal Procedure Code and may be prolonged for not more than 4 months. By virtue of art. 476, paragraph 5 of Criminal Procedure Code under conditions of reciprocity the foreign undercover agent may collect evidence in conformity to his national legislation. A special permission is required with regard to this action, which is granted by a competent authority under the national legislation – in this case the Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria. The Bulgarian special services shall provide assistance and shall render help to the foreign undercover agent until he operates on the Bulgarian territory.

b. Other useful information

See indent /а/

Last reviewed on 24 август 2016 by Секретариат на ЕСМ
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