Fiches Belges
Measure Implementation
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Execution Deadline
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Fiches Belges: Bulgaria

Măsuri provizorii în vederea confiscării (504)

1. MEASURE IMPLEMENTATION

Bulgaria

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

Yes. The application of the measure is possible upon receiving of request for legal assistance. This measure is envisaged under art. 72 of Criminal Procedure Code. In the pre-trial proceedings upon request of the prosecutor the respective first instance court sitting in one man panel in a closed session adopts measures for assuring of the fine, confiscation and sequestration in favour of the state under the rules of the Civil Procedure Code of Republic of Bulgaria. The competent court is the one competent to trial the case if the criminal proceedings is held in conformity to the rules of the Criminal Procedure Code in Bulgaria. Under court proceeding the court may adopt security measures upon request of the prosecutor. Levying of distraint over movables and receivables of the debtor (including bank accounts), imposing of injunction over real estate or imposing of other suitable measures defines by the court may be requested, including by taking off the road of a vehicle and suspension of enforcement. The alternative measure is envisaged under art. 37 – art. 56 of the Law on Sequestration in Favour of the State of Illegally Acquired Assets. Assets for the acquisition of which a legal source may not be established shall be considered as illegally acquired assets.

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 established by the Council in accordance with Article 34 of the Treaty on European Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 58/2007. European Convention on Mutual Assistance in Criminal Matters of the Council of Europe, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 39/1994. Protocol of 2001 to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 58/2007. Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 31/1993. Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on Financing of Terrorism, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 130/2012.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

If the case is in the pre-trial stage the competent authorities are regional and district prosecutor`s offices (depending on the subject of the case i.e. the type of respective crime in conformity to art. 35 of the Bulgarian Criminal Procedure Code), the specialized prosecutor`s office in Sofia in cases when the crimes are related to the operation of an organized criminal grouping or military district prosecutor`s offices in cases of crimes committed by military officers or with their participation. If the case is in the court stage of proceedings the competent authorities to receive the request again are the respective prosecutor`s offices described above, which shall consider the availability of grounds for filing of a request for imposing of the measure before the respective court. If the Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on Financing of Terrorism is applied, the requests for legal assistance shall be sent and received by the following central authorities: The Supreme Prosecutor`s Office of Cassation of Republic of Bulgaria – for the pre-trial proceedings; The Ministry of Justice – for the court proceedings. With regard to the alternative measure the competent authority is the Commission on Sequestration of Illegally Acquired Assets.

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

Security measures with regard to fine, confiscation and sequestration of objects in favor of the state may be imposed only by the court. Under the pre-trial proceedings upon request of the prosecutor the respective first instance court sitting in one man panel in a closed session may impose security measures for assuring of the fine, confiscation and sequestration of objects in favor of the state under the rules of the Civil Procedure Code of Republic of Bulgaria. Under the court proceedings the court may impose security measures upon request of the prosecutor. The competent court is the one, which would try the case if the criminal proceedings is held under the rules of the Criminal Procedure Code in Bulgaria. With regard to the alternative measure the Commission on Sequestration of Illegally Acquired Assets shall file a request for securing of future claim for sequestration of illegally acquired assets before the district court at the permanent address of the person, respectively the seat of the legal entity. When the assets include a real estate the request shall be filed before the district court at the location of the real estate and when the assets include several real estates – before the district court at the location of the real estate with the highest tax evaluation.

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

The request and enclosed documents shall 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. If the application of the Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime is required, the requests for legal assistance shall be accompanied by translation in Bulgarian language or in one of the official languages of the Council of Europe, which is especially defined by the Republic of Bulgaria. If the application of the Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on Financing of Terrorism is required, the requests for legal assistance shall be accompanied by translation in Bulgarian language or in one of the official languages of the Council of Europe.

5. EXECUTION DEADLINE

Bulgaria

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

Not applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

The legal assistance shall be rejected in the cases when: - The perpetrator shall not bear penal liability due to amnesty; - The penal liability became void by prescription; - After performance of the crime the perpetrator suffered long-term mental derangement that excludes mental capacity; - Against the same person for the same crime: a pending penal proceedings is in course, an enforceable verdict is issued, an enforceable decree or ruling on termination of the proceedings is issued. Practical application of the measure: The prosecutor shall file a request before the regional court for issuing of permission for revealing of information about the movement under the bank accounts of the respective person, which represents bank secret. After receiving of the information from the bank, the prosecutor shall file a request before the first instance court for levying of distraint on the funds until completion of the criminal proceedings with enforceable verdict, by virtue of which sequestration of funds in favor of the state, fine or confiscation is imposed. With regard to the other types of movables and receivables the same request for levying of distraint shall be filed and with regard to vehicles their taking off the road may be requested. With regard to real estate the prosecutor shall file a request before the respective first instance court for imposing of injunction over the estate until completion of the criminal proceedings with enforceable verdict, by virtue of which sequestration of funds in favor of the state, fine or confiscation is imposed. The bailiff shall levy the distraint and shall perform an inventory, assessment and delivery for safekeeping of the object. The imposing of injunction is performed by the Registry Service – an official of that service shall record the court order on imposing of security measure in the respective notarial register. Upon request of the Commission on Sequestration of Illegally Acquired Assets or of the director of the respective territorial directorate of the commission the court may order sealing of premises, equipment and vehicles, when there is danger of scattering, destruction, concealing or disposing of the assets.

b. Other useful information

Rendering of assistance or participation of agents from the requesting/issuing state in the course of fulfillment of the measure is not admissible.

Last reviewed on 25 august 2016 by Secretariatul RJE

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