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

Повърхностно обискиране на лицето (301)

1. MEASURE IMPLEMENTATION

България

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

Yes. The superficial body search is a method for collection and verification of evidence and represents a special hypothesis of search in view of the specific object, namely a physical person. Superficial body search may be performed during the pre-trial and/or court stage of proceedings in order to find and seize objects, papers and computer information systems that contain information and data of significance for the case. In case of fulfilment of requests for legal assistance searching /superficial body search/ shall be performed by the court – during the court stage of proceedings. During the pre-trial stage the searching shall be performed by the prosecutor or by the investigating body by virtue of ruling of the prosecutor. Investigating bodies according to art. 52 of Criminal Procedure Code of Republic of Bulgaria are: investigators, officials at the Ministry of Interior employed as “investigating officers” and the officials at the Customs Agency employed as “investigating customs inspector” as well as the police authorities at the Ministry of Interior and the customs authorities at the Customs Agency – in some cases. The investigating authority shall draw a statement for each search performed. When the action does not require immediate performance the prosecutor shall file a request before the first instance court for permission of the search. In case of emergency the action is performed immediately. In this case in term of not more than 24 hours after completion of the search the prosecutor shall file a motivated request before the first instance court for approval of this investigative action. Search of a person in the pre-trial stage of proceedings is performed according to its emergency as follows: 1. After permission of a judge from the respective first instance court or from the first instance court in the region of which the action is performed when there are enough reasons to presume that a certain person holds objects, papers, information and data of significance for the case 2. Without preliminary permission of a judge from the respective first instance court or from the first instance court in the region of which the action is performed: -in case of arrest or - when there are enough reasons to presume that the persons who are present at the search have concealed objects or papers of significance for the case. The prosecutor shall present the statement about the performed investigative action to the judge immediately, but not later than 24 hours. The search in the pre-trial stage of proceedings shall be performed by a person of the same sex in the presence of witnesses of investigation of the same sex. The search in the court stage of proceedings shall be performed by the court panel without the presence of witnesses of search. An alternative measure with the same purpose as the search /superficial body search/ is the voluntary conveyance where the persons conveys the objects or papers in his possession, which are of significance for the case.

2. LEGAL FRAMEWORK

България

International legal framework applicable for this measure in your Member State

I. European Convention on Mutual Assistance in Criminal Matters of 1959 and II. Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000.

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959 – the Ministry of Justice or the Supreme Prosecutor`s Office of Cassation. The Republic of Bulgaria made a declaration under art. 15, item 6 of the Convention that the requests for legal assistance and letters rogatory shall be sent to the Ministry of Justice. In this regard the Declaration under art. 15, item 8, indent “b” of the European Convention on Mutual Assistance in Criminal Matters shall also be considered as formulated under art. 4 of the Second Additional Protocol: “In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of sub-paragraph "b" of paragraph 8 of Article 15. Central authority under sub-paragraph "b" regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Prosecutor's Office of Cassation, and for the rest of the requests for legal assistance under sub-paragraph "b", the Ministry of Justice.” (Law on Ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters the European Convention on Mutual Assistance in Criminal Matters (promulgated in State Gazette, issue 16 dated 27.02.2004)). II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 – “directly between judicial authorities with territorial competence for initiating and executing them, and shall be returned through the same channels unless otherwise specified in this Article” (art. 6, paragraph 1 of the Convention). According to art. 6, paragraph 4 – “Any request for mutual assistance may, in case of urgency, be made via the International Criminal Police Organisation (Interpol) or any body competent under provisions adopted pursuant to the Treaty on European Union”.

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

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959 – the judicial authorities of Republic of Bulgaria. The Declaration of Republic of Bulgaria under art. 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 is amended as follows: “The Republic of Bulgaria declares that, for the purposes of the Convention, it defines to be judicial authorities the Courts, the public prosecutor's offices, the investigation authorities and the Ministry of Justice.” II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 – directly between the judicial authorities in conformity to the general rules of subject matter and territorial jurisdiction under the Bulgarian Criminal Procedure Code (art. 35 and the following). In case of dispute on jurisdiction at fulfilment of the request for legal assistance on the territory of Republic of Bulgaria the dispute shall be remitted for ruling to the Department of International Affairs at the Supreme Prosecutor`s Office of Cassation.

4. ACCEPTED LANGUAGES

България

Accepted languages for the request/decision

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959. The Republic of Bulgaria has stated in a declaration under art. 16, paragraph 2 of the Convention that it will require the request and enclosed documents to 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 (English or French language). II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 – see above.

5. EXECUTION DEADLINE

България

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

Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 According to art.4, paragraphs 2 and 4 of the Convention: The requested Member State shall execute the request for assistance as soon as possible, taking as full account as possible of the procedural deadlines and other deadlines indicated by the requesting Member State. The requesting Member State shall explain the reasons for the deadline. If it is foreseeable that the deadline set by the requesting Member State for executing its request cannot be met, and if the reasons referred to in paragraph 2, second sentence, indicate explicitly that any delay will lead to substantial impairment of the proceedings being conducted in the requesting Member State, the authorities of the requested Member State shall promptly indicate the estimated time needed for execution of the request. The authorities of the requesting Member State shall promptly indicate whether the request is to be upheld nonetheless. The authorities of the requesting and requested Member States may subsequently agree on further action to be taken concerning the request.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959 – The requests for legal assistance shall contain the following: a) the authority making the request, b) the object of and the reason for the request, c) where possible, the identity and the nationality of the person concerned, and d) where necessary, the name and address of the person to be served. The request for legal assistance shall also contain a brief summary of the facts of the case. In this regard the Republic of Bulgaria has made a declaration under art. 5, paragraph 1 that it reserves the right to fulfill requests for for search or seizure of property dependent on the conditions under indent “a” and “c” of the same provision: a) the offence motivating the request for legal assistance is punishable under both the law of the requesting Party and the law of the requested Party; […] c) the execution of the request for legal assistance is consistent with the law of the requested Party. II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 According to art.3, paragraphs 1 and 2 “Mutual assistance shall also be afforded in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of the requesting or the requested Member State, or both, by virtue of being infringements of the rules of law, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. Mutual assistance shall also be afforded in connection with criminal proceedings and proceedings which relate to offences or infringements for which a legal person may be held liable in the requesting Member State.”

b. Other useful information

According to art.4 of the European Convention on Mutual Assistance in Criminal Matters of 1959 the presence of officials and interested persons from the requesting state at the performance of the measure is admissible if such presence is explicitly requested and approved by the requested state. The measure shall be performed in conformity to the procedure of the requesting state by virtue of art.4, paragraph 1 of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 when this is explicitly required by the requesting state.

Last reviewed on 24 август 2016 by Секретариат на ЕСМ

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