Fiches Belges

Search and seizure is a method for collecting and verification of evidence that represents inspection and survey of places and premises for the purpose of finding and seizing hidden papers, objects, or computer information systems, which are of significance for the case. The method is used in both stages of criminal proceedings /pre-trial and court stage/. When there are enough good reasons to believe that objects, papers, or computer information systems containing information of significance for the case remain on some premises or are in possession of a person search for their finding and seizing is performed. A search may be performed with the aim to find a person or a corpse. In the pre-trial proceeding search and seizure are performed after permission of a judge from the respective first instance court or of the first instance court in the region of which the action shall be performed upon request of the prosecutor. In cases of emergency, when this is the only opportunity for collection and preservation of evidence, the action may be performed without jugde's permission, but in this case immediately, not later than 24 hours the prosecutor shall present to the judge for approval the protocol for the performed action. The search and seizure shall be performed during the daytime, except in case of emergency. In case of emergency, the actions may be performed at any time during the day and night. Before the beginning of search and seizure, the respective authority shall present the search warrant, approved by the judge, and ask for the searched objects, papers, and computer information systems, which contain computer data, to be provided voluntarily. The search and seizure shall be performed in the presence of witnesses of the search and the person who uses the premises or an adult member of the family. When the person who uses the premises or an adult member of the family may not be present, the search and seizure shall be performed in the presence of the house manager or a representative of the municipality or the mayor`s office. The search and seizure of premises used by state or municipal authorities shall be performed in the presence of a representative of the authority. The search and seizure of premises used by a legal entity shall be performed in the presence of a representative of that entity. When a representative of the legal entity may not be present, the search and seizure shall be performed in the presence of a representative of the municipality or the mayor`s office. The Search and seizure of premises used by foreign state representation offices of international organizations and in the homes of their employees who enjoy immunity from the penal jurisdiction of the Republic of Bulgaria shall be performed with the consent of the head of the representation office and in the presence of a prosecutor or a representative of the Ministry of Interior. When search and seizure are related to computer information systems and software products the actions shall be performed in the presence of a specialist – technical assistant. The authority that performs the search has the right to forbid the persons present to get in contact with other persons or among themselves and to leave the premises until the search is completed. Actions that are not relevant to the purpose of the search and seizure may not be performed together with the search. Premises and storehouses may be opened compulsively only in cases when their opening is refused and causing unnecessary damages shall be avoided. When in the course of search and seizure details of the personal life of citizens become known, the necessary measures shall be taken these details are not to be announced. The seized searched objects, papers, and computer information systems, which contain computer data shall be presented to the witnesses of the search and the other persons present. When necessary they shall be packed and sealed at the place of seizure. The results of the search and seizure shall be recorded in a protocol and the seized material evidence shall be elaborated therein.

Criminal Procedure Code, EIO Act, Directive 2014/41/EU on EIOs,Convention on Mutual Assistance in Criminal Matters of 1959

The competent authority to recognize an EIO for search and seizure of evidence, issued by a competent authority of another Member State, is: 1. in the pre-trial proceedings - a prosecutor from the respective district or military-district prosecutor's office, in whose region the respective investigative action or other procedural actions are requested, or the transfer of the evidence already available, or a prosecutor from the Sofia City Prosecutor’s Office; 2. in the court proceedings - the respective district or military court, in whose region the performance of the respective judicial investigative action or the transfer of the evidence, which are already available, or the Sofia City Court. When the EIO has been sent to a body, which is not competent to recognize it, it shall send it ex officio to the respective competent authority u and shall immediately notify the issuing body thereof in a manner allowing written certification of the authenticity of the receipt and of its content.

The EIO could be sent to the competent authorities translated into Bulgarian or English.

No later than 30 days from the receipt of the EIO the competent authority has to take a decision for its recognition and execution. This term may be extended by not more than 30 days after indicating the reasons for the delay and after consultations between the competent authority and the issuing body. The competent authority for the execution of the EIO shall carry out actions for the investigation and other procedural actions within no later than 90 days from the date of its recognition. When it is not possible to observe the above terms, the competent authority shall immediately notify the issuing body of the reasons for the delay and after conducting consultations the necessary additional time for execution of an investigation action and other procedural actions shall be determined. When the issuing body has indicated in the EIO that due to the determined procedural terms, the gravity of the crime, or other especially urgent circumstances a shorter term is necessary or that investigative and other procedural actions must be carried out on a specific date, the competent authority for the execution of the EIO shall comply with this requirement as far as possible. When it is not possible to comply with the term or the specific date, the competent authority shall immediately notify the issuing body of the reasons and after conducting consultations the necessary additional time for implementation of activities under investigation and other procedural actions shall be determined.

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