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

Sending and service of procedural documents (406)

1. MEASURE IMPLEMENTATION

България

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

Yes. The sending and service of procedural documents shall be performed directly via postal services. The documents may be sent for service by the Bulgarian authorities on the basis of a request for legal assistance when: - The address of the person for whom they are intended is unknown or uncertain; - The procedural legislation of the requesting member-state requires evidence that the document is served to the addressee different from the evidence that may be received by the postal services; - The servicing of documents via post is impossible; - The requesting member-state has sound reasons to consider the service via postal services as inefficient or unsuitable.

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.

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

If the case is in the pre-trial stage and the procedural documents are sent for servicing by the Bulgarian authorities on the basis of request for legal assistance the competent authorities are regional and district prosecutor’s offices (depending on the subject of the case i.e. the type of respective crime in conformity to art. 35 of the Bulgarian Criminal Procedure Code) at the place of residence of the person, the specialized prosecutor’s office in Sofia in cases when the crimes are related to the operation of an organized criminal grouping or military district prosecutor’s offices in cases of crimes committed by military officers or with their participation. If the case is in the court stage and the procedural documents are sent for servicing by the Bulgarian authorities on the basis of request for legal assistance the competent authorities are the regional courts at the place of residence of the person.

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

The service of documents shall be performed by an official of the respective court, prosecutor’s office, municipality or mayor’s office, by the services of the Ministry of Interior or of the Ministry of Justice, by the respective military unit or organization, by the employer or an appointed employee for workers or employees, by the legal representatives for under aged persons and by the respective institutions for arrested or imprisoned persons.

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. The subpoena for an accused person remaining on the territory of Republic of Bulgaria shall be serviced to the competent Bulgarian authorities not later than 50 days before the date on which the person is subpoenaed. When there are reasons to consider that the addressee of the documents does not understand the language of the document the latter or at least the essential part of it shall be translated in Bulgarian language. If the authority that issued the document knows that the addressee speaks only some other language, the document or at least the essential part of it shall be translated in that language. All procedural documents shall be accompanied by written instructions that the addressee may receive information about his rights and obligations with regard to the respective document from the authority that issued the document or from other authorities of the same member-state.

b. Other useful information

There are no limitations with regard to the scope of the measure. Rendering of assistance by agents from the requesting/issuing state at performance of the measure is not admissible. The measure may be performed in conformity to the procedure applicable in the requesting/issuing state if this procedure does not contradict to main principle of the law of the Republic of Bulgaria. In this case the request for legal assistance shall be accompanied by excerpts of the provisions relevant to the procedure of the requesting/issuing state.

Last reviewed on 24 август 2016 by Секретариат на ЕСМ

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