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

Призоваване на заподозрени/обвиняеми лица (709)

1. MEASURE IMPLEMENTATION

България

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

A method by which the personal attendance of persons who shall be subject to prosecution or who has the capacity of accused persons /under pre-trial proceedings/ or of defendants /under court proceedings/ is assured when they need to take part in investigative actions before the competent authority. There is no alternative measure with the same purpose.

2. LEGAL FRAMEWORK

България

International legal framework applicable for this measure in your Member State

1. European Convention on Mutual Assistance in Criminal Matters of 1959 and 2. Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 29 May 2000. 3. Тhe Schengen Acquis – Agreement

3. COMPETENT AUTHORITY TO:

България

* receive the request/decision for judicial cooperation

In fulfilment of requests for legal assistance summoning of defendant shall be performed by the competent court to try the case - defendant in the court stage of proceedings and summoning of accused person shall be performed by the prosecutor from the prosecutor`s office competent to conduct the investigation – in the pre-trial stage of proceedings.

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

After the competent authority issues an act by virtue of which the request for legal assistance is accepted for fulfillment, it may: 1. In the court proceedings the court shall assign to an official from the respective court, municipality or mayor`s office to serve the subpoena to the defendant. 2. In the pre-trial proceedings the prosecutor directly or by ordering to the investigation authority shall serve the subpoena to the accused person. 3. When the subpoena may not be served in some of the ways described above it shall be served by the services of the Ministry of Interior or the Ministry of Justice. 4. In urgent cases the summoning may be performed via telephone, telex or fax. Note: When the accused person/the defendant fails to appear without any valid reasons he/she shall be brought by compulsion with the assistance of the services of the Ministry of Justice or the Ministry of Interior.

4. ACCEPTED LANGUAGES

България

Accepted languages for the request/decision

Bulgarian language or one of the official languages of the Council of Europe. With regard to promptness and efficiency it is recommended the requests/decisions/ to be accompanied by translation in Bulgarian language.

5. EXECUTION DEADLINE

България

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

Specific deadline is not envisaged. The practice shows that the fulfilment of requests/decisions usually takes between two and four months.

6. CONCISE LEGAL PRACTICAL INFORMATION

България

a. Special requirements

The serving to military servants may be performed by the respective unit or organization. The serving to workers and employees may be performed by the employer or by an employee authorized to accept documents. The serving to under age persons shall be performed by their legal representatives. The serving to persons who are deprived of liberty or arrested shall be performed by the respective institutions. The serving to persons who remain abroad shall be performed in conformity to the contract for legal assistance signed with the respective country and when such contract is not signed – by the Ministry of Foreign Affairs. In urgent cases the summoning may be performed via telephone, telex or fax. The summoning via telephone or fax shall be verified in writing by the official who performed it and via telex – by written verification for received message. The subpoena served to the accused person shall contain written information about his right to appear together with a defense counsel.

b. Other useful information

Rendering of assistance or participation of agents from the requesting/issuing state in the course of fulfillment of the measure is not admissible.

Last reviewed on 25 август 2016 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved