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

Percheziţie corporală intimă (302)

1. MEASURE IMPLEMENTATION

Bulgaria

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

Yes. The invasive body search is a method for collection and verification of evidence and represents a special hypothesis of search in view of the specific object, namely a physical person. The invasive body search is a survey of a person aimed at detecting and immediate examination and preservation of traces of crime and other data necessary for clarification of the facts of the case. The invasive body search may be performed during both stages of criminal proceedings – pre-trial and court stage. Invasive body search in the pre-trial stage of proceedings shall be performed with his/her written consent and in case of lack of such consent – upon permission of a judge a judge from the respective first instance court or from the first instance court in the region of which the action is performed. The prosecutor shall file such a request before the court. In cases of emergency when this is the only opportunity to collect and preserve evidence, the authority holding the pre-trial proceedings may perform invasive body search without preliminary permission and the prosecutor shall present the statement for approval by a judge immediately, but not later than 24 hours. Invasive body search in the court stage of proceedings shall be performed by the court panel without the presence of witnesses of search. When performing invasive body search actions that harm the dignity of the person or that are dangerous to his health are not admitted. When the person subjected to invasive body search shall be undressed the witnesses of investigation shall be of the same sex. If the officer who shall perform the invasive body search is of the opposite sex, the search shall be performed by a medical doctor. Invasive body search in the pre-trial stage of proceedings shall be performed with his/her written consent and in case of lack of such consent – upon permission of a judge a judge from the respective first instance court or from the first instance court in the region of which the action is performed. The prosecutor shall file such a request before the court. In cases of emergency when this is the only opportunity to collect and preserve evidence, the authority holding the pre-trial proceedings may perform invasive body search without preliminary permission and the prosecutor shall present the statement for approval by a judge immediately, but not later than 24 hours. In case of lack of possibility, the alternative measure with the same purpose that may be applied is the medical expert assessment – in a separate case /with regard to the type and character of injuries in cases of bodily injuries/.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

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

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959 – the Ministry of Justice or the Supreme Prosecutor`s Office of Cassation. The Republic of Bulgaria made a declaration under art. 15, item 6 of the Convention that the requests for legal assistance and letters rogatory shall be sent to the Ministry of Justice. In this regard the Declaration under art. 15, item 8, indent “b” of the European Convention on Mutual Assistance in Criminal Matters shall also be considered as formulated under art. 4 of the Second Additional Protocol: “In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of sub-paragraph "b" of paragraph 8 of Article 15. Central authority under sub-paragraph "b" regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Prosecutor's Office of Cassation, and for the rest of the requests for legal assistance under sub-paragraph "b", the Ministry of Justice.” (Law on Ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters the European Convention on Mutual Assistance in Criminal Matters (promulgated in State Gazette, issue 16 dated 27.02.2004)). II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 – “directly between judicial authorities with territorial competence for initiating and executing them, and shall be returned through the same channels unless otherwise specified in this Article” (art. 6, paragraph 1 of the Convention). According to art. 6, paragraph 4 – “Any request for mutual assistance may, in case of urgency, be made via the International Criminal Police Organisation (Interpol) or any body competent under provisions adopted pursuant to the Treaty on European Union”.

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

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959 – the judicial authorities of Republic of Bulgaria. The Declaration of Republic of Bulgaria under art. 24 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 is amended as follows: “The Republic of Bulgaria declares that, for the purposes of the Convention, it defines to be judicial authorities the Courts, the public prosecutor's offices, the investigation authorities and the Ministry of Justice.” II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 – directly between the judicial authorities in conformity to the general rules of subject matter and territorial jurisdiction under the Bulgarian Criminal Procedure Code (art. 35 and the following). In case of dispute on jurisdiction at fulfilment of the request for legal assistance on the territory of Republic of Bulgaria the dispute shall be remitted for ruling to the Department of International Affairs at the Supreme Prosecutor`s Office of Cassation.

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959. The Republic of Bulgaria has stated in a declaration under art. 16, paragraph 2 of the Convention that it will require the request and enclosed documents to be accompanied by translation in Bulgarian language and in case of lack of such translation – by translation in one of the official languages of the Council of Europe (English or French language). II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 – see above.

5. EXECUTION DEADLINE

Bulgaria

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

Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 According to art.4, paragraphs 2 and 4 of the Convention: The requested Member State shall execute the request for assistance as soon as possible, taking as full account as possible of the procedural deadlines and other deadlines indicated by the requesting Member State. The requesting Member State shall explain the reasons for the deadline. If it is foreseeable that the deadline set by the requesting Member State for executing its request cannot be met, and if the reasons referred to in paragraph 2, second sentence, indicate explicitly that any delay will lead to substantial impairment of the proceedings being conducted in the requesting Member State, the authorities of the requested Member State shall promptly indicate the estimated time needed for execution of the request. The authorities of the requesting Member State shall promptly indicate whether the request is to be upheld nonetheless. The authorities of the requesting and requested Member States may subsequently agree on further action to be taken concerning the request.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

I. Under the rules of the European Convention on Mutual Assistance in Criminal Matters of 1959 – The requests for legal assistance shall contain the following: e) the authority making the request, f) the object of and the reason for the request, g) where possible, the identity and the nationality of the person concerned, and h) where necessary, the name and address of the person to be served. The request for legal assistance shall also contain a brief summary of the facts of the case. In this regard the Republic of Bulgaria has made a declaration under art. 5, paragraph 1 that it reserves the right to fulfill requests for for search or seizure of property dependent on the conditions under indent “a” and “c” of the same provision: b) the offence motivating the request for legal assistance is punishable under both the law of the requesting Party and the law of the requested Party; […] c) the execution of the request for legal assistance is consistent with the law of the requested Party. II. Under the rules of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 According to art.3, paragraphs 1 and 2 “Mutual assistance shall also be afforded in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of the requesting or the requested Member State, or both, by virtue of being infringements of the rules of law, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. Mutual assistance shall also be afforded in connection with criminal proceedings and proceedings which relate to offences or infringements for which a legal person may be held liable in the requesting Member State.”

b. Other useful information

According to art.4 of the European Convention on Mutual Assistance in Criminal Matters of 1959 the presence of officials and interested persons from the requesting state at the performance of the measure is admissible if such presence is explicitly requested and approved by the requested state. The measure shall be performed in conformity to the procedure of the requesting state by virtue of art.4, paragraph 1 of the Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 2000 when this is explicitly required by the requesting state.

Last reviewed on 24 august 2016 by Secretariatul RJE

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