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

Observarea (105)

1. MEASURE IMPLEMENTATION

Bulgaria

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

Yes. “Observation” is an operative method for deduction and documenting of different sides of activities and behavior of persons and objects while they are moving, staying at different places or when the particular situation changes by using of technical devices or by direct visual contact /art. 5 of the Law on Special Means of Intelligence/. The using of this method for collecting of evidence is regulated 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 the year 2000. European Convention on Mutual Assistance in Criminal Matters of 1959 and the Second Additional Protocol to that convention. Art. 172 – 176 of Criminal Procedure Code. Law on Special Means of Intelligence

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

After receiving of the request for legal assistance by a foreign state, the prosecutor from the competent district prosecutor`s office, respectively from the specialized prosecutor`s office, who fulfils the request shall file a written motivated application before the respective district court, respectively the specialized court, for issuing of permission for using of special means of intelligence “observation”. Permission for “observation” shall be granted by a written motivated order under the rules of art. 174 of Criminal Procedure Code. After receiving of written permission the chairpersons of the specialized structures – state agencies or deputy chairpersons authorized by them shall issue a written order for application of the special means of intelligence. The term for application of the special means of intelligence “observation” shall not exceed two months. In case of necessity this term may be prolonged in conformity to the same rules /art. 174 of Criminal Procedure Code/ with not more than four months.

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

Permission for the application of the measure shall be issued by the competent court – the chairperson of the respective district court or some of the deputy chairpersons explicitly authorized by him; under cases that falls under the jurisdiction of the specialized court - the chairperson of this court or some of the deputy chairpersons explicitly authorized by him.

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; - One of the official languages of the Council of Europe is also accepted; - However, it is recommended the request for legal assistance and the enclosed documents to be translated in Bulgarian language.

5. EXECUTION DEADLINE

Bulgaria

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

According to the Law on Special Means of Intelligence - 60 days with opportunity for prolongation with 120 days. Maximum term – 180 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

The request for legal assistance shall be fulfilled in conformity to the laws of the Republic of Bulgaria and the requirements described under items 3 and 5.

b. Other useful information

N/A

Last reviewed on 24 august 2016 by Secretariatul RJE

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