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

Confrontation (713)

1. MEASURE IMPLEMENTATION

Bulgaria

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

Procedural method for clarification of significant controversies between: 1. Explanations of accused person /in the pre-trial proceedings/ or the defendant /in the court proceedings/; 2. Testimony of witnesses /in both stages of criminal proceedings/; 3. Explanations of the accused/defendant /on one part/ and testimony of a witness /on the other part/. There is no alternative measure with the same purpose. The application of the measure in the framework of international legal cooperation is possible, but only between witnesses.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

Art. 143, paragraph 1 – paragraph 4 and art. 123, paragraph 2, item 2 of Criminal Procedure Code of Republic of Bulgaria and art. 4 of the European Convention on Mutual Assistance in Criminal Matters.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

In fulfilment of requests for legal assistance referring to placing of witness in confrontation the request shall be fulfilled by the court – in the court stage of proceedings and 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 Confrontation is a form of interrogation. The two persons who participate in it shall be summoned to appear together. Before the interrogation they shall be asked whether they know each other and what kind of relations they have. The interrogated persons shall answer to the same questions one after another. The competent authority may give them permission to ask questions to each other. The measure 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.

4. ACCEPTED LANGUAGES

Bulgaria

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

Bulgaria

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

Bulgaria

a. Special requirements

Confrontation with participation of a protected witness with secret identity is not admissible.

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 August 2016 by EJN Secretariat

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