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

Interceptarea şi înregistrarea altor forme de comunicaţie (103)

1. MEASURE IMPLEMENTATION

Bulgaria

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

Application of the measure is possible under a signed international contract, to which Republic of Bulgaria is a party. The measure is a method for proving /special means of intelligence/ the application of which is admissible with regard to intentional crimes explicitly envisaged under the Criminal Procedure Code that are punishable with deprivation of liberty for a term of more than five years, life imprisonment without exchange, if the respective circumstances may not be established in any other way or their establishment is extremely difficult and complicated. Additional information shall be requested with regard to the crimes for which the application of the measure is admissible.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters of 1959 and Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 29 May 2000.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

The Supreme Prosecutor’s Office of Cassation shall fulfil the requests for interception and immediate transmission of telecommunications or for interception, recording and subsequent transmission of recorded telecommunications.

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

The measure shall be applied by the respective specialized services – state agencies under the supervision of a prosecutor from the Supreme Prosecutor`s Office of Cassation after a permission granted by the court. It is not possible the measure to be performed in conformity to the procedure of the requesting state.

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

The request for legal assistance and the enclosed documents shall be translated in Bulgarian language or in one of the official languages of the Council of Europe. With regard to the prompt fulfilment of the request is recommended the documents to be translated in Bulgarian language.

5. EXECUTION DEADLINE

Bulgaria

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

The term of application of the special means of intelligence – interception of correspondence shall not exceed two months. If necessary, this term may be prolonged under the rules envisaged under the Bulgarian legislation /art. 174 of Criminal Procedure Code/ with not more than four months.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

As a rule permission for application of special means of intelligence is given in advance by the chairperson of the respective district court or by a deputy chairperson explicitly authorized by him. The permission under cases that falls under the jurisdiction of military court shall be given by the chairperson of the respective military court or by a deputy chairperson explicitly authorized by him. The permission under cases that falls under the jurisdiction of the specialized criminal court shall be given by the chairperson of this court or by a deputy chairperson explicitly authorized by him. The permission with regard to judges, prosecutors and investigators shall be given in advance by the chairperson of Sofia Court of Appeal or by a deputy chairperson explicitly authorized by him, if the case falls under the jurisdiction of Sofia City Court, upon request of the administrative director of Sofia Prosecutor`s Office of Appeal or of a deputy authorized by him. In the rest of the cases the permission shall be given by the chairperson of the Military Court of Appeal or by the chairperson of the Specialized Criminal Court of Appeal or by one of their explicitly authorized deputies upon request of the administrative director of Military Prosecutor`s Office of Appeal, respectively of the Specialized Prosecutor’s Office or of one of their explicitly authorized deputies. The permission with regard to the chairperson of Sofia Court of Appeal, Military Court of Appeal and Specialized Criminal Court of Appeal and his deputy shall be given by the deputy chairperson of the Supreme Court of Cassation who is the head of the Criminal Department upon request of a deputy of the Prosecutor General at the Supreme Prosecutor`s Office of Cassation.

b. Other useful information

Participation of officials from the requesting state in performance of the measure is not admissible. The formal procedure relevant to receiving of court permission shall be fulfilled therefore it is recommended the details referring to fulfilment of the request to be specified in advance

Last reviewed on 24 august 2016 by Secretariatul RJE

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