Fiches Belges

The examination of the crime scene is carried out in order to reveal, directly investigate and preserve traces of the crime and other data necessary to clarify the circumstances of the case. In that regard sites, premises and objects could be inspected by the police. Until the inspection is carried out, measures should be taken not to erase the traces of the crime. Until the inspection is carried out, measures shall be taken not to erase the traces of the crime. The inspection is carried out in the presence of witnesses, except in the cases when it is conducted in a court session. When necessary, the inspection shall be carried out in the presence of an expert or a specialist - technical assistant. When performing the inspection, everything shall be examined as it is found, and then the necessary displacements shall be made. The inspection shall be carried out during the day, except when the case cannot be postponed. The results of the inspection are recorded in a protocol and the necessary material evidence is elaborated in it. The protocol is drawn on the spot where the inspection is performed, it has to be signed by the authority that performed the action, the witnesses of inspection, and the expert and the specialist – technical assistant /if such were present/. In case of an examination of a crime scene at private premises, some items are found and seized by the police, the protocol must be presented in the respected first instance court for approval within 24 hours after the end of the inspection. Examination of a corpse is a special type of examination of a crime scene. The examination of a corpse is carried out if possible at the place, where it has been found, in the presence of an expert - forensic expert, and when there is no such - in the presence of another doctor. The remainings of a corpse could be subject to inspection, It is carried out with the permission of the prosecutor supervising the investigation. The exhumation of a corpse is allowed by the court or of the prosecutor in the presence of an expert - forensic expert. The re-burial of the corpse is allowed with the permission of the authority, which has ordered the digging.

Criminal Procedure Code, EIO Act, Directive 2014/41/EU on EIOs

The competent authority to recognize an EIO for examination of the crime scene, 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 for examination of the crime scene 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 action 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.