Fiches Belges

The sending and service of procedural documents shall be performed directly via postal services. The documents may be sent for service by the Bulgarian authorities on the basis of a request for legal assistance when: - The address of the person for whom they are intended is unknown or uncertain; - The procedural legislation of the requesting member-state requires evidence that the document is served to the addressee different from the evidence that may be received by the postal services; - The servicing of documents via post is impossible; - The requesting member-state has sound reasons to consider the service via postal services as inefficient or unsuitable. There are no limitations with regard to the scope of the measure. Rendering of assistance by agents from the requesting/issuing state at performance of the measure is not admissible. The measure may be performed in conformity to the procedure applicable in the requesting/issuing state if this procedure does not contradict to main principle of the law of the Republic of Bulgaria. In this case the request for legal assistance shall be accompanied by excerpts of the provisions relevant to the procedure of the requesting/issuing 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 (The Convention 2000); 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 (the European Convention on Mutual Assistance in Criminal Matters of 1959); Criminal Procedure Code

If the case is in the pre-trial stage and the procedural documents are sent for servicing by the Bulgarian authorities on the basis of request for legal assistance 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) at the place of residence of the person, 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 and the procedural documents are sent for servicing by the Bulgarian authorities on the basis of request for legal assistance the competent authorities are the regional courts at the place of residence of the person.

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.

Not applicable.

In respect of cooperation with States outside the EU, the European Convention on Mutual Assistance in Criminal Matters of 1959 is applicable.