Fiches Belges

The interception of telecommunication according to Bulgarian legislation (Article 6 of 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 procedural measures are relevant for the purpose of the criminal proceeding concerned. The recognition and execution of a European Investigative Order may be refused, in addition to the grounds referred to in Article 16 of Law of EIO, also if the execution of the investigative measure concerned and other procedural measures is not authorised by Bulgarian legislation in a similar case. The measure is applicable only to particular crimes under the Bulgarian Criminal Code envisaged under Article 172 of Criminal Procedure Code of the Republic of Bulgaria. The EIO for application of the measure is usually confidential. In the Republik 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 Fish Belges A.52) and for interception of emails (See Fish Belges 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 Criminal Procedure code Law of Special Intelligence Means Law of EIO

According to Article 9 of Law of EIO the following authorities in the Republic of Bulgaria shall be competent to recognise a European Investigative Order issued by a competent authority of another Member State: 1. in a pre-trial proceeding: a prosecutor of the relevant district prosecution office or military district prosecution office within whose judicial district the relevant investigative measure or other procedural measures are requested to be carried out. 2. in a trial proceeding: the relevant district court or military court within whose judicial district the investigative measure concerned or other procedural measures are requested to be carried out

Bulgarian and English

Interception as a special mean of intelligence shall be used according to the Artical 21 of the Law of special intelligence means for 2 months with opportunity for prolongation with 4 months. Interception can be used for duration of 2 years regards to activities related to protection of national security and in the cases for prevention of grave intentional crimes as terrorism. According to the Article 14 of Law of EIO competent authority has 30+30 days to take a decission on the recognition and the execution of the EIO and 90 days for carrying out the investigative measure. In the case of request for MLA issued by third contry there is no fixed deadline for execution.

The natioan rules in respect of cooperation outside the EU are different. Apllicable are articles 471-477 of Criminal Procedure Code. The request for legal assistance and the enclosed documents shall be translated in Bulgarian language; One of the official languages of the Council of Europe is also accepted; However, it is recommended the request for legal assistance and the enclosed documents to be translated in Bulgarian language. The Supreme Prosecutor’s Office of Cassation is the competent authority to perform the measure in both stages of proceedings. The Supreme Prosecutor’s Office of Cassation of Republic of Bulgaria, Sofia 1061, Court House, 2 Vitosha Blvd., telephone: + 359 2 986 76 71, e-mail: vkp@prb.bg.