Fiches Belges
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Fiches Belges: Bulgaria

European Protection Order (906)

1. MEASURE IMPLEMENTATION

Bulgaria

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

The European protection order is a decision issued by a competent authority of a Member State on the basis of which a competent authority of another Member State takes any appropriate measure or measures under its own national law with a view to continuing the protection of a particular person in its territory. The European protection order is issued in accordance with a model set out in Annex 1 to the European Protection Order Act. The European protection order is issued on the basis of an adopted protection measure. The protection measure imposes one or more of the following prohibitions or restrictions on a person causing danger: 1. a prohibition from entering certain localities, places or defined areas where the protected person resides or visits; 2. a prohibition or restriction of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; 3. a prohibition or restriction on approaching the protected person closer than a prescribed distance. A protection measure is adopted in a criminal case in a Member State with a view to protecting a person who has been the victim of a criminal offence endangering his or her life, physical, psychological or sexual integrity, personal liberty or dignity. National framework: European Protection Order Act (ZEZZ)

2. LEGAL FRAMEWORK

Bulgaria

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order.

3. COMPETENT AUTHORITY TO:

Bulgaria

* receive the request/decision for judicial cooperation

In the Republic of Bulgaria, the authority that is competent to recognise a European protection order issued in a Member State is the provincial court of the protected person’s domicile. If the protected person is not domiciled in the territory of Bulgaria, the Sofia City Court is competent to recognise the European protection order. When a European protection order is sent to an authority that has no competence to recognise it, that authority ex officio forwards the order to the relevant competent authority and without delay informs the issuing State accordingly by any means which leaves a written record and makes it possible to verify its authenticity. § 1(3) of the Supplementary Provisions of the ZEZZ defines ‘issuing State’ as ‘the Member State in which a protection measure has been adopted that constitutes the basis for issuing a European protection order’.

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

In the Republic of Bulgaria, the authority that is competent to issue a European protection order is the court that has jurisdiction to hear the case in which a protection measure has been adopted under Article 67 of the Criminal Procedure Code. If a probation measure under Article 42b(3)(1) of the Criminal Code has been imposed, the provincial court of the place where that measure is executed is competent to issue a European protection order.

4. ACCEPTED LANGUAGES

Bulgaria

Accepted languages for the request/decision

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order: Article 17: -A European protection order is translated by a competent authority of the issuing State into the official language or one of the official languages of the executing State.

5. EXECUTION DEADLINE

Bulgaria

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

In accordance with the ZEZZ, when a European protection order is received by ordinary mail, electronic mail, fax or other means which leaves a written record and makes it possible to verify its authenticity, the court institutes recognition proceedings and rules within three days. The court may request additional information from the competent authority of the issuing State, setting a time limit for its receipt. The court hearing is postponed until the expiry of that time limit.

6. CONCISE LEGAL PRACTICAL INFORMATION

Bulgaria

a. Special requirements

Regarding the European protection order, the court issues a ruling by which: 1. The court recognises the European protection order and rules on a protection measure provided for in the Bulgarian law which corresponds to the highest degree to the protection measure adopted in the issuing State; 2. The court refuses to recognise and to execute the European protection order on some of the grounds under Article 7 of the ZEZZ. The court’s ruling is final. The court notifies the person causing danger, the competent authority of the issuing State and the protected person of the ruling by which it recognises the European protection order and of the possible consequences of a breach of the protection order adopted in accordance with the Bulgarian law. The address or other contact details of the protected person are not disclosed to the person causing danger unless such details are necessary in view of the enforcement of the measure. The court informs without delay the competent authorities of the issuing State and the protected person of its refusal to recognise and execute the European protection order and of the grounds for decreeing that refusal. The court informs the protected person about the possibility of requesting a protection measure under this Act and of any applicable legal remedies that are available under the Act. Where appropriate, the court holds consultations with the competent authority of the issuing State.

b. Other useful information

The court may refuse to recognise a European protection order if: 1. The order is not complete or has not been completed by the competent authority of the issuing State within the time limit set for such completion; 2. The measure under the order is different from the restrictions and prohibitions imposed on a person causing danger; 3. The measure under the order is decreed in relation to an act that does not constitute a criminal offence under Bulgarian legislation; 4. The measure under the order is decreed in relation to a criminal offence that is covered by an amnesty under Bulgarian legislation and the relevant criminal case falls within the competence of a Bulgarian court; 5. Immunity is conferred on the person causing danger, which makes it impossible to take a protection measure; 6. Criminal prosecution for the criminal offence is statute-barred and the relevant criminal case falls within the competence of a Bulgarian court; 7. Recognition of the order would contravene the ne bis in idem principle; 8. The measure under the order is decreed in respect of a person who, because of his or her age, under Bulgarian legislation, cannot be held criminally responsible for the acts in relation to which the protection measure has been decreed; 9. The measure under the order relates to a criminal offence which, under Bulgarian legislation, is regarded as having been committed, wholly or mainly, within the territory of the Republic of Bulgaria. Under Article 14(1) of the ZEEZ, a European protection order may be issued at the request of the protected person or his or her guardian or custodian, if the protected person intends to reside or already resides in the territory of another Member State. The request for the issuing of a European protection order may be submitted in Bulgaria or in the Member State referred to in Article 14(1) of the ZEZZ.

Last reviewed on 6 ianuarie 2021 by Secretariatul RJE

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