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: Bulgaria

Freezing of bank accounts (502)

1. MEASURE IMPLEMENTATION

Bulgaria

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

The application of the measure is possible upon receiving of request for legal assistance. This measure is envisaged under art. 72 of Criminal Procedure Code. Upon request of the prosecutor the respective first instance court sitting in one man panel in a closed session adopts measure –freezing of bank accounts for assuring of sequestration in favour of the state under the rules of the Civil Procedure Code. Freezing of bank accounts owned by the physical person who is accused under the criminal proceedings or bank accounts owned by a legal entity, when this legal entity is controlled by the accused person. The alternative measure is envisaged under art. 37 of the Law on Sequestration in Favour of the State of Illegally Acquired Assets. Assets for the acquisition of which a legal source may not be established shall be considered as illegally acquired assets. The procedure under this law shall be initiated when a reasonable assumption may be made that certain assets are acquired illegally, namely – when after inspection a significant discrepancy in the assets of the inspected person is established.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

Framework Decision of the Council of the European Union of 22 July 2003 (2003/577/JHA) on the execution in the European Union of orders freezing property or evidence

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

The respective competent prosecutor`s office.

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

The first instance court upon request of the prosecutor. With regard to the alternative measure the Commission on Sequestration of Illegally Acquired Assets shall file a request for securing of future claim for sequestration of illegally acquired assets before the district court at the permanent address of the person, respectively the seat of the legal entity. When the assets include a real estate the request shall be filed before the district court at the location of the real estate and when the assets include several real estates – before the district court at the location of the real estate with the highest tax evaluation.

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

Bulgarian and English language.

5. EXECUTION DEADLINE

Bulgaria

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

The prosecutor shall file a request before the regional court for issuing of permission for revealing of information about the movement and available funds under bank accounts that represents “bank secret”. After receiving of this information the prosecutor shall elaborate a request to the first instance court for issuing of an order to freeze the bank accounts, which is aimed at preventing of disposal of the funds and at guaranteeing of their availability with regard to the future sequestration in favour of the state by virtue of the respective verdict.

b. Other useful information

Participation of agents from the requesting state in the course of fulfillment of the request for legal assistance is not admissible.

Last reviewed on 25 August 2016 by EJN Secretariat

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