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

Ordin de a prezenta documente (402)

1. MEASURE IMPLEMENTATION

Bulgaria

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

The measure is regulated under art. 133, art. 159, paragraph 1 and 2 and art. 159a, paragraph 1-6 of Criminal Procedure Code of Republic of Bulgaria. Upon request by the interested person, the court or the body conducting the pre-trial proceedings shall issue a certificate thereto, by virtue of which the state and municipal bodies, legal entities and sole proprietors shall be obligated to supply such person with the necessary documents within their competence. Upon request of the bodies of the pre-trial proceedings, all establishments, legal entities, officials and citizens shall be obliged to preserve and deliver the objects, papers, computer information data and other data, which are in their possession and may be of significance for the case. The bodies of the pre-trial proceedings may request from Director of OLAF to present them reports and documents enclosed to them referring to investigations performed by OLAF. A special procedure described below shall be applied to provision of traffic data.

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

The measure shall be performed in conformity to the provisions of Convention on Mutual Assistance in Criminal Matters between the Member-States of the European Union of 29 May 2000 or another international agreement, to which the Republic of Bulgaria is a party.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

The respective supervising prosecutor.

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

N/A

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

They shall be received translated in Bulgarian language.

5. EXECUTION DEADLINE

Bulgaria

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

No.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

Upon request of the court in the court proceedings or by virtue of motivated order of a judge from the respective first instance court, issued upon request of the supervising prosecutor under the pre-trial proceedings, the enterprises that provide public electronic communication networks and/or services shall provide the data created in the course of their operation, which are necessary for: tracing and identification of the source of connection; identification of direction of connection; identification of the date, time and prolongation of connection; identification of the type of connection; identification of the end electronic communication device of the user or of the device presented as his/her end device; establishing of identifier of used cells. The data shall be collected when they are necessary for investigation of serious intentional crimes. The request of the supervising prosecutor under paragraph 1 shall be motivated and shall contain the following mandatory information: information about the crime, about the investigation under which the use of traffic data is necessary; description of circumstances grounding the request; data about the persons with regard to whom traffic data is required; period of time that shall be covered by the information presented; the investigating body, to which the information shall be presented. In its order the court shall indicate: the data, which shall be pointed in the check-up; the period of time that shall be covered by the check-up; the investigating body, to which the data shall be presented.

b. Other useful information

The period of time, for which the provision of data is permitted may not exceed 6 months. When the check-up contains data that are not related to the circumstances under the case and do not contribute to their clarification, upon motivated written proposal of the supervising prosecutor the judge who issued the permission shall order its destruction. The destruction shall be performed in conformity to rules defined by the Prosecutor General. In term of 7 days as from the receiving of the order the enterprises under paragraph 1 and the supervising prosecutor shall present to the judge who issued the order the statements referring to destruction of data.

Last reviewed on 24 august 2016 by Secretariatul RJE
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