Fiches Belges: Bulgaria

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

Yes, it is possible. The competent authorities of two or more states including Republic of Bulgaria may form a joint team for a specific purpose and for a specific term, which may be prolonged upon mutual agreement, with regard to conducting of criminal investigation in one or more states – members of the team and for this purpose a separate agreement shall be signed. The members of the team shall be envisaged under the agreement. This measure is a form of international legal cooperation, which is different from the usual forms of this kind of cooperation. Together with the observation of all formal normative requirements the effective functioning of JIT tool requires high level of trust between its members. By means of forming of a JIT the elaboration and sending of international letters rogatory is avoided. Provisions referring to JIT are one of the instruments that facilitates the mutual assistance in criminal matters between the member-states of the EU. They transpose in the national legislation the international arrangements ensuing from the Convention of 29.05.2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union /art.13/ and Council Framework Decision of 13.06.2002 on JIT. This legal tool grants the opportunity to the EU member-states /and not only to them/ to built-up a common strategy for investigation, to allot the tasks in the fight against cross-border organized crime, efficiently, quickly and flexibly to send and exchange information and to plan and initiate coordinated actions relevant to prosecution of crimes.

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 /Convention of 29.05.2000/ - art. 13, 15 and 16; Council Framework Decision of 13.06.2002 on JIT /2002/465/JНА; Art. 20 of the Second Additional Protocol to European Convention on Mutual Assistance in Criminal Matters of 20.04.1959; Art. 19 of the UN Convention against Transnational Organized Crime, in force for the Republic of Bulgaria as from 29.09.2003; Art. 49 of the UN Convention against Corruption, promulgated in State Gazette, issue 89 dated 03.11.2006, in force for the Republic of Bulgaria as from 20 October 2006; Art. 27 of the Convention on Police Cooperation in Southeast Europe, in force for the Republic of Bulgaria as from 01.03.2009, promulgated in State Gazette, issue 18 dated 10.03.2009; Art. 5 of the Agreement on Mutual Legal Assistance USA – EU signed on 25.06.2003 and art. 2 of the Annex to the Treaty on Some Aspects of the Legal Assistance in Criminal Cases signed between the government of Republic of Bulgaria and the government of the USA, in force for the Republic of Bulgaria as from 01.02.2010, promulgated in State Gazette, issue 39 dated 25.05.2010.

* receive the request/decision for judicial cooperation

The competent authority to sign an agreement for forming of a JIT for the Republic of Bulgaria is the Supreme Prosecutor`s Office of Cassation. According to the provision of art. 476, paragraph 3 of the Bulgarian Criminal Procedure Code, the Supreme Prosecutor`s Office of Cassation forms with other states joint investigation teams in which Bulgarian prosecutors and investigation authorities take part. The competent authorities of participating states shall sign an agreement referring to the activities, term and membership of the joint investigation team. Most often the leader of the team from Bulgarian side is the supervising prosecutor under the case, but this is not a mandatory condition. On the territory of Republic of Bulgaria the JIT shall observe the provisions of the international contracts, the conditions of the agreement and the Bulgarian legsilation.

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

See item 3 /а/ above.

Accepted languages for the request/decision

The initial request for legal assistance containing demand for forming of a JIT 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. However with regard to the character of the measure and the prompt fulfilment of the request it is recommended the request to be accompanies by translation in Bulgarian language.

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

The term of JIT is defined under the agreement and it may be prolonged upon mutual agreement of the parties.

a. Special requirements

Prerequisites for signing of an agreement and forming of a JIT – when one of the states investigates a crime that makes necessary performance of complicated and labour-consuming investigative actions related to other states or when several states investigate different crimes with regard to which the circumstances make necessary the performance of coordinated joint actions on the part of each of the states concerned. Each of the interested states may sent a request for forming of a JIT. The JIT shall be formed in the state in which the investigation is supposed to be performed. Together with the information under art. 14 of the European Convention on Mutual Assistance in Criminal Matters /1959/ the request for forming of a JIT shall include a proposal for the members of the team. Parties to the agreement – for the Republic of Bulgaria – this is the Supreme Prosecutor`s Office of Cassation and the respective competent authority from the other state /or states/. The operations of JIT operating in Bulgaria shall be performed in conformity to the Bulgarian legislation. The leader of the team shall be a representative of the competent Bulgarian judicial authorities who takes part in the investigation /a prosecutor/. The foreign participants in a JIT operating on Bulgarian territory shall have the capacity of a “sent on a business mission”. The members of the team shall perform the tasks under his management while considering the conditions defined by their own authorities, envisaged under the agreement on forming of the team. To the extent possible according to the law of the states or the provisions of the legal acts in force, the participation in such joint team of persons who are different from the representatives of the competent authorities of the states forming the JIT may be agreed. For example, officials of the bodies created by virtue of the EU Treaty may be included as members. This way the participation of officials from Europol, Eurojust, OLAF etc. in the JIT may be agreed. Commissioned members of JIT are entitled to attend the performance of investigative actions in Republic of Bulgaria. However the leader of the team may decide otherwise if there are some special reasons and the decision is in conformity to the Bulgarian legislation. The Bulgarian leader of the team may in conformity to the Bulgarian legislation assign to the commissioned members the performance of certain investigative action when the competent authorities of Bulgaria and the competent authorities of the commissioning state granted their approval for this. When the JIT establishes that the performance of some investigative actions in some of the states, which take part in the team, is necessary, the commissioned members from that state may request from their own competent authorities to perform these actions. They are considered by the respective state as actions the performance of which was requested in the framework of the national investigation. When JIT needs the cooperation of a state different from those that participate in the team or of a third state, a request for assistance may be sent from the state of the operation to the competent authorities of the respective other state in conformity to the applicable acts or contracted arrangements. Each member of JIT may in conformity to its national law and in the framework of its competence present information to the team, which is available to the state that commissioned him/her and which may serve for the purposes of the criminal investigation conducted by the team. The following special rules may be envisaged under the agreement on forming of JIT signed by the Republic of Bulgaria: Conditions under which some of the commissioned members of the JIT may be excluded from performance of certain investigative measures/actions; under the management of the respective responsible official from the guest state the performance of some investigative measures/actions may be assigned to a certain commissioned member of the team as far as this is approved by the commissioning state, this may not ground any competence to the foreign officials to make decisions that at performance of certain investigative measures/actions certain responsible official from the guest state may interrupt at any time; special conditions, under which the commissioned members may conduct investigation in states where there is a subject to operation; special conditions, under which a certain commissioned member of JIT may connect to his/her own national service in order to perform the tasks assigned by the group, without making a request for legal assistance for that purpose; special conditions, under which the commissioned members of JIT may use together information ensuing from the services, which commissioned them; special conditions referring to preservation of personal data; conditions, under which the commissioned members may carry/use weapons etc.

b. Other useful information

See indent /а/ above.