1.BG is an executing state:
Form-European Investigation Order:
Competent body for its recognition and execution in pre-trial criminal proceeding-District PO where the person whose interrogation is wanted lives;
Competent body for its recognition and execution during the trial phase – is the District Court where the person whose integration is wanted lives.
Procedural conditions for telephone conference performance:
-Who can be interrogated? –witness and expert;
- Defendant cannot be interrogated by the telephone conference;
- Witness/expert-their consent is not needed.
Telephone conference procedure:
The competent body summons the wanted person, checks his/her identity and informs him/her about their rights and responsibilities if they falsely testify.
The competent body shall provide all necessary technical devices for the telephone conference performance.
If it is necessary the competent body will provide an interpreter.
The interrogation itself is done by the competent body of the issuing country or under its direction in compliance with the law of the issuing state.
If during the telephone conference there is some violation of the BG legislation (perjury) the BG body will take the relevant measures for the committed crime.
In the end of the interrogation the competent body will draft a protocol which contains – the date, place of the interrogation, the identity of the interrogated person, the identity of all participated persons during the telephone conference and their capacity, the technical conditions for the telephone conference.
The competent body sends the protocol to the issuing authorities.
2.BG is issuing state:
Form-European Investigation Order
Competent body for issuing it:
-the case prosecutor from the competent Prosecutor`s office who is in charge with the case for the pre-trial phase;
-the judge in the competent court (regional, district, appeal) who is dealing with the case for the trial phase.
The telephone procedure and conditions-applicable is the law of the executing state.