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 poştei (104)

1. MEASURE IMPLEMENTATION

Bulgaria

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

“Interception of mail” is an operative method for establishment of content and addressees of the correspondence of controlled persons and objects by using of chemical substances and technical devices /art. 10 of the Law on Special Means of Intelligence/. The using of this method for collecting of evidence is regulated also under art. 172 – art. 176 of Criminal Procedure Code.

2. LEGAL FRAMEWORK

Bulgaria

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 of 29 May 2000.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

In cases of direct contact between the judicial authorities the following shall be observed: With regard to the pre-trial stage of proceedings: 1. If the request for legal assistance refers to organized crime the competent authority is the Specialized Prosecutor`s Office regardless of the place of commitment of crime. 2. In all other cases the competent authority is the respective first instance prosecutor`s office according to the rules of subject matter and territorial jurisdiction according to the Bulgarian legislation – art. 35 and art. 36 of Criminal Procedure Code of Republic of Bulgaria. If the crime is committed outside the territory of Bulgaria and the perpetrator is a Bulgarian citizen, the competent authority is the prosecutor`s office at his/her place of residence. In the same case, but if the perpetrator is not a Bulgarian citizen, the competent authority is Prosecutor`s Office in Sofia. With regard to the court stage of proceedings: 1. If the request for legal assistance refers to organized crime the competent authority is the Specialized Prosecutor`s Office regardless of the place of commitment of crime. 2. In all other cases the competent authority is the respective first instance court according to the rules described in connection to the pre-trial stage of proceedings. Where alternate legal instruments may or must be used as a ground for a request, you should mention the competent authorities for each instrument. Example: even if your Member State has implemented the EU Framework Decision 2006/783/JHA on confiscation you would still need to use another legal framework in relation to a Member State that did not implement this Framework Decision (e.g. CoE 1959 Convention on Mutual Legal Assistance and the EU 2000 Convention on Mutual Legal Assistance in criminal matters or the CoE Convention 1990 on Confiscation of Proceedings from Crime.

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

N/A

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

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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