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

Controlul identităţii, măsuri pentru identificare judiciară (304)

1. MEASURE IMPLEMENTATION

Bulgaria

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

The application of the measure in the framework of international legal cooperation is possible, after elaboration of respective request for legal assistance. As a rule in the criminal proceedings the identity of a person shall be established before performance of interrogation or other action with his/her participation such as recognition, invasive body search, searching and seizure, granting of expert opinion etc. Establishing of identity is performed both in the pre-trial and court stage of criminal proceedings – by the respective competent authority by means of an ID document of the person that contains a recent photograph, the person is asked about his/her full name, date and place of birth, citizenship, nationality, education, marital status, occupation, work place and position occupied, place of residence, record of previous convictions, as well as other circumstances that are of significance for the case. The presented information shall be recorded in a written statement drawn for the interrogation or the other procedural action with participation of the person. In case the identity of a person is not possible to be established by an ID document other methods may be used: identification on the basis of photographs, information provided by citizens with established identity, who know the person /testimony of witnesses/; recognition by relatives; DNA profiling methods; on the basis of fingerprints /dactyloscopic traces/; on the basis of data about criminal records /tattoos, scars from operations, injuries and other permanent scars or marks/ etc.

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. Тhe Schengen Acquis – Agreement

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.

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

As a rule the authority competent to receive the request is also the authority competent to fulfill it. According to the Bulgarian legislation in the pre-trial stage of proceedings there is a legal opportunity the prosecutor to order to the investigating authority /investigator, police or customs officer/ to perform the measure. According to the Bulgarian legislation there is a legal opportunity the prosecutor or the investigating authority to order to police officers, who are not investigating authorities, to perform factual actions with regard to establishing of identity of a person in cases when there is doubt about the authenticity of his/her ID documents. In these cases criminal record shall be made, fingerprints and a digital photograph shall be taken and comparison in the systems AFIS and EURODAC shall be performed etc.

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)

In general no specific deadline is fixed. The practice necessitated, when the requesting state did not fix a specific term, the requests for legal assistance to be fulfilled as soon as possible, which usually takes between two and four months according to the factual and legal complexity of the particular request.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

N/A

b. Other useful information

The measure may be performed according to the procedure of the requesting state when it explicitly required so. In these cases the request shall be accompanied by respective extracts of the relative legislation, the application of which is requested. Bulgaria may allow officials and interested persons from the requesting state to be present at performance of the measure if an explicit request in this regard is made. The practice shows that a request for legal assistance sent by mistake shall be directed to the respective authority, competent to accept and fulfill it.

Last reviewed on 24 august 2016 by Secretariatul RJE

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