Fiches Belges

An EIO may also be issued in order to take action on the investigation and other procedural actions with a view to temporarily preventing the destruction, alteration, relocation, transfer of an object that may be used as evidence, or disposing of such a thing. The competent body takes a decision on the provisional measure and shall communicate it in due time, if feasible, within 24 hours from the receipt of the European Investigation Order. When a request for a provisional measure is made, the issuing body indicates in the EIO whether the evidence will be handed over to the issuing state or will remain in the Republic of Bulgaria. The competent authority recognizes and executes such EIO and transmits the evidence in accordance with the EIO act. When the EIO is accompanied by an instruction to keep the evidence in the Republic of Bulgaria, the issuing authority indicates the date of termination of the provisional measure or the expected date for submitting the request for transmission of evidence to the issuing State. After consultation with the issuing body, the competent authority may, in accordance with the Bulgarian legislation, determine appropriate conditions in view of the circumstances of the case in order to limit the term for which the provisional measure must remain in force. When the competent body provides for termination of the provisional measure, it informs the issuing body, which shall be given the opportunity to present its remarks. The issuing authority shall immediately notify the competent authority of the termination of the provisional measure. Transmission of evidence The competent body transmits to the issuing State without delay the evidence collected or already available as a result of the execution of the EIO. When a request for this is included in the EIO and if there is a possibility according to the Bulgarian legislation, the competent body shall transmit the evidence immediately to the bodies, participating in the implementation of the EIO. The transmission of the evidence may be suspended until a ruling is rendered in connection with a used legal remedy for protection unless the European Investigation Order provides sufficient grounds that their immediate transmission is of paramount importance for the proper conduct of the investigation or for the protection of the rights of the person concerned. Notwithstanding such grounds, the transmission of evidence shall be suspended if it would cause serious or irreparable damage to the person concerned. Upon the submission of the evidence, the competent body indicates whether they should be returned to him as soon as they are no longer needed by the issuing State. When the evidence is also relevant for other proceedings, the competent body at the express request and after consultations with the issuing authority, temporarily hands over the evidence, provided that it will be returned to him as soon as it ceases to be necessary to the issuing State or at any other time or occasion agreed between the competent authority and the issuing body.

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 freezing 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.