Fiches Belges

The interception of telecommunication according to the Bulgarian legislation (Article 6 of the Law of Special Intelligence Means) has the nature of special mean of intelligence representing a method for proving of the content of respective communications. The interception of telecommunication shall be performed by virtue of a decision of competent judicial authority (district court) and may be applied both during the pre-trial stage and during the court proceedings. The issuing authority shall indicate in the European Investigative Order the reasons why the said authority considers that the indicated investigative measure and other judicial investigation measures are relevant for the purpose of the criminal proceeding concerned. The recognition and execution of an European Investigative Order may be refused, in addition to the grounds referred to in Article 16 of the Law of EIO, also if the execution of the investigative measure concerned and other judicial investigation measures are not authorised by the Bulgarian legislation in a similar case. The measure is applicable only to particular crimes under the Bulgarian Criminal Code, envisaged under Article 172 of the Criminal Procedure Code of the Republic of Bulgaria. The EIO for application of the measure is usually confidential. In the Republic of Bulgaria are applicable different rules for different types of interception - for phone calls (wiretapping - Article 6 of Law of special investigative means), for interception of traffic data (see measure A.52) and for interception of e-mails (see measure A.54).

Directive 2014/41/EU on EIOs 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. 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. Articles 172-176 of the Criminal Procedure Code of the Republic of Bulgaria Bulgarian Law of Special Intelligence Means Bulgarian Law of EIO

The competent authorities to recognize an EIO for interception of telecommunications and other forms of electronic communications, issued by a competent authority of another Member State, are : 1. in the pre-trial proceedings - a prosecutor from the respective district or military-district prosecutor's office within whose judicial region the relevant investigative measure is requested to be carried out or evidence which is already in possession is requested to be transferred; 2. in the court proceedings or in case the EIO is issued by an administrative authority - the respective district or military court within whose judicial region the judicial investigation measure concerned is requested to be carried out or evidence which is already in possession is requested to be transferred. 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 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 competent authorities to recognize an MLA request for interception of telecommunications and other forms of electronic communications – in cases where the EU MLA Convention 2000 applies, are the respective local District/Regional Courts and District/Regional Prosecution offices – with regards of the stage of criminal proceedings and the type of crime under investigation. The competent authorities to recognize an MLA request for interception of telecommunications and other forms of electronic communications – in cases where the CoE European Convention on Mutual Assistance in Criminal Matters applies, are as follows: -in the pre-trial proceedings - the Supreme Cassation Prosecutor's Office of the Republic of Bulgaria; -in the trial proceedings - the Ministry of Justice of the Republic of Bulgaria.

EIO: The EIO should be sent to the competent authorities translated into Bulgarian or English. MLA: The request and enclosed documents should be accompanied by translation in Bulgarian language or in one of the official languages of the Council of Europe. With regard to the prompt administration and fulfillment of the request it is recommended the latter to be translated in Bulgarian language in advance.

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 judicial investigation measures 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 judicial investigation measures 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 judicial investigation measures 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 judicial investigation measures shall be determined. In case of a MLA request no specific deadlines are envisaged. The practice necessitated, when the requesting state did not set a specific term, the requests for legal assistance are to be fulfilled as soon as possible, which usually takes between two and four months according to the factual and legal complexity of the particular request.

The provisions of Art. 17-22 of the EU Convention 2000 are aplicable to Denmark and Ireland, both not bound by the Directive 2014/41/EU on EIOs. The national rules are different in respect of cooperation within and outside of the EU. As a special requirement for the measure should be stressed that it is strongly recommended undertaking prior arrangements with regards to transfer to the issuing state of classified information as an expected result of the application of the measure.