Fiches Belges

The body search is a method for collection and verification of evidence and represents a special hypothesis of search in view of the specific object, namely a physical person. The body search is a survey of a person aimed at detecting and immediate examination and preservation of traces of crime and other data necessary for clarification of the facts of the case. The body search may be performed during both stages of criminal proceedings – pre-trial and court stage. The body search in the pre-trial stage of proceedings shall be performed with the person’s written consent. In case of lack of such consent – upon permission of a judge from the respective first instance court or from the first instance court in the region of which the action is performed. The prosecutor shall file such a request before the court. The search in the pre-trial stage of proceedings shall be performed by a person of the same sex in the presence of witnesses of investigation of the same sex. The search in the court stage of proceedings shall be performed by the court panel without the presence of witnesses of the search. There are no different rules for a superficial and invasive body search. When it is necessary for the inspected person to be undressed, the person performing the action must be of the same sex. If the official who is going to carry out the certification is of the opposite sex, the same shall be done by a doctor. When inspecting a person, actions that humiliate his dignity or are dangerous to his health are prohibited. The inspection of a person in the pre-trial proceedings is carried out with his written consent, and without such consent - with permission of a judge from the respective first instance court or from the first instance court in the area where the action is performed, at the request of the prosecutor. In urgent cases, if this is the only possibility for gathering and preserving the evidence, the bodies of the pre-trial proceedings may carry out an inspection of a person without prior permission by the court, and the protocol shall be submitted by the prosecutor for approval by the judge immediately, but not later than 24 hours.

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

The competent authority to recognize an EIO for a body search, 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.