Fiches Belges: Bulgarije

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

The measure is possible in the framework of international legal cooperation: 1. Between member-states of the European Union by virtue of art. 12 of Convention on Mutual Assistance of 2000 and 2. In cases when the measure is envisaged under bilateral or multilateral agreements with states that are not members of the European Union.

International legal framework applicable for this measure in your Member State

The European Convention on Mutual Assistance in Criminal Matters (ECMACM) of 1959 and Additional Protocols to it. The Convention on Mutual Assistance in Criminal Matters between the member-states of the European Union signed in May 2000. UN conventions, which envisage this form of international legal cooperation. Criminal Procedure Code of Republic of Bulgaria and the Law on Special Means of Intelligence.

* receive the request/decision for judicial cooperation

The Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria is the competent authority, which shall accept and issue a decree on fulfilment of the request for legal assistance. Important: The Supreme Prosecutor`s Office of Cassation by virtue of art. 476, paragraph 4 of Criminal Procedure Code shall send such requests to other states referring to investigation by means of controlled delivery and shall handle such requests sent by other states. After acceptance and admission for fulfilment of the request for legal assistance, the Supreme Prosecutor`s Office of Cassation shall immediately file before the competent court a request for issuing of permission for performance of controlled delivery. The controlled delivery may be realized only after such permission is granted by the court.

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

The permission referring to performance of controlled delivery, after the request for legal assistance is admitted by the Supreme Prosecutor`s Office of Cassation, is given by the respective competent court.

Accepted languages for the request/decision

The request and enclosed documents shall be accompanied by translation in Bulgarian language or in one of the official languages of the Council of Europe. With regard to the prompt administration and fulfillment of the request it is recommended the latter to be translated in Bulgarian language in advance.

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

Permission for 60 days. Opportunity for prolongation for another 120 days. Maximum term of 180 days.

a. Special requirements

See item 3

b. Other useful information

Establishing of direct contact with the Bulgarian judicial and police authorities is recommended with regard to holding of preliminary consultations on the fulfilment of the request for legal assistance.