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 на заявяващата държава на територията на заявената държава (202)

1. MEASURE IMPLEMENTATION

България

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

The infiltration of a foreign undercover agent in the requested State – the Republic of Bulgaria is possible. 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.

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.

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

The Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria is the competent authority, which shall issue a decree on admission of the activities of a foreign undercover agent. This is done by virtue of a decree and is assigned for fulfilment to the respective bodies of the Ministry of Interior.

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

The permission referring to the activities of the undercover agent, after the request for legal assistance is admitted by the Supreme Prosecutor`s Office of Cassation, is given by the respective competent court.

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 60 days. Opportunity for prolongation for another 120 days. Maximum term of 180 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

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 permission referring to the activities of the undercover agent, after the request for legal assistance is admitted by the Supreme Prosecutor`s Office of Cassation, is given by the respective competent court. 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.

b. Other useful information

N/A

Last reviewed on 24 август 2016 by Секретариат на ЕСМ
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