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

Dirijarea informatorilor (204)

1. MEASURE IMPLEMENTATION

Bulgaria

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

The Bulgarian legislation does not contain the term “informers” it contains only the term “undercover agent“. It is possible: Law on Special Means of Intelligence – art. 10c stating that such person is an official from the competent authorities under the Law on Special Means of Intelligence, the Law on the Ministry of Interior, the Law on Defense and Armed Forces or from the National Intelligence Service, empowered to establish or maintain contacts with a controlled person in order to receive or reveal information about performance of grave intentional crime or about organized criminal activity. The competent authorities are envisaged under art. 20 of the Law on Special Means of Intelligence

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

The European Convention on Mutual Assistance in Criminal Matters (ECMACM) of 1959 and II Additional Protocol or with regard to a member-state of the EU – Convention of 2000 as well as under bilateral contracts and UN conventions.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

The Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria is the competent authority, which shall issue a decree on admission of the activities of a foreign undercover agent.

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

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

4. ACCEPTED LANGUAGES

Bulgaria

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.

5. EXECUTION DEADLINE

Bulgaria

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.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

When the Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria receives a foreign request for legal assistance it issues a decree on admission of fulfilment of this request and of the activities of the foreign undercover agent and assigns the fulfilment to the specialized authorities under the Law on Special Means of Intelligence. The permission referring to the activities of the undercover agent, after the request for legal assistance is admitted by the Supreme Prosecutor`s Office of Cassation, is given by the respective competent court. The undercover agent shall sign a declaration under art. 173, paragraph 3 of Criminal Procedure Code that he is informed about his tasks and obligations with regard to the particular investigation. The management is performed by the Bulgarian special bodies at the system of the Ministry of Interior – GD “Counter Fighting Against Organized Crime”.

b. Other useful information

See measures 201, 202 and 203 from the Fiches Belges.

Last reviewed on 24 august 2016 by Secretariatul RJE
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