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: стандартна процедура (710)

1. MEASURE IMPLEMENTATION

България

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

Procedural method for collecting of verbal evidence that comes from the accused person and an instrument for realization of his/her right of defence. There is an alternative measure with the same purpose – fulfilment of a request of another state referring to interrogation by video conference of an accused/defendant who remains in the Republic of Bulgaria if he/she granted his/her explicit consent for that.

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 referring to interrogation of defendant the request shall be fulfilled by the court – in the court stage of proceedings and interrogation of accused person shall be performed by the prosecutor or the investigation authority by virtue of an order of the prosecutor – in the pre-trial stage of proceedings.

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

The measure interrogation of accused/defendant may be performed in conformity to the procedure of the requesting state by virtue of art. 4, item 1 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29.05.2000 when this is explicitly requested by the requesting state. In case of lack of such explicit demand the procedure shall be performed in conformity to the Bulgarian Criminal Procedure Code, which includes the following: - the interrogation shall be performed during the day except in cases when it may not be delayed; - before the interrogation the competent authority shall establish the identity of the accused/defendant; - the interrogation shall start with the question whether he/she understands the accusations and after that the accused/defendant shall be invited to tell, if he/she wants to do so, everything that he/she knows about the case; - the accused/defendant may be asked questions by the competent authority and by the other parties under the proceedings; - the accused/defendant has the right to give explanations /verbally and directly/ in any moment of the pre-trial and court investigation and to refuse to give explanations; - upon discretion of the authority conducting the pre-trial proceedings (prosecutor or investigating authority) the interrogation may be performed before a judge from the respective first instance court with participation of defence counsel. This interrogation may be used directly in the court proceedings in case of controversies or impossibility to interrogate the defendant. At interrogation of the accused/defendant his/her procedural rights shall be observed, the main of which include: - right to a defence counsel; - to present evidence and to review the case; - to make requests, remarks and objections; - to appeal the act that affect his rights and legal interests; - right to have last word.

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

When necessary the interrogation of an underage accused person shall be conducted with participation of a pedagogue or psychologist who with the permission of the investigative body may ask him/her questions. The pedagogue or psychologist has the right to review the written statement of interrogation and to make remarks on the accuracy and completeness of its content.

b. Other useful information

By virtue of art. 4 of the European Convention on Mutual Assistance in Criminal Matters the participation of officials from the requesting state in the performance of the measure is possible when explicit demand in this regard was made and duly admitted by the requested state and if this does not contradict to main principles of the law of Republic of Bulgaria.

Last reviewed on 25 август 2016 by Секретариат на ЕСМ
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