Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

The definition of interception of telecommunications see Fishes Belges A.50. According to the Article 35 of Law of EIO where, for the purpose of carrying out an investigative measure and other procedural measures, the interception of electronic communications is authorised by the competent authority of one Member State (the "intercepting Member State") and the communication address of the subject of the interception specified in the interception order is being used on the territory of another Member State (the "notified Member State") from which no technical assistance is needed to carry out the interception, the intercepting Member State shall notify the competent authority of the notified Member State of the interception: 1. prior to the interception in cases where the competent authority of the intercepting Member State knows at the time of ordering the interception that the subject of the interception is or will be on the territory of the notified Member State; 2. during the interception or after the interception has been carried out, immediately after it becomes aware that the subject of the interception is or has been located on the territory of the notified Member State during the interception. The notification shall be made by using a form according to Annex C of the EIO.

Legal Framework

International legal framework applicable for this measure in your Member State

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 Articles 172-176 of Criminal Procedure code Law of Special Intelligence Means Law of EIO

Competent Authority

* receive the request/decision for judicial cooperation

The competent authority of intercepting Member State shall inform Member State from which no technical assistance is needed to carry out the interception.

Accepted languages

Accepted languages for the request/decision

Bulgarian and English languages

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

According the Article 35, paragraph 3 of Law of EIO the competent authority of the notified Member States may, in case where the interception is not authorised in a similar domestic case, notify, without delay and at the latest within 96 hours after the receipt of the notification: 1. that the interception may not be carried out or shall be terminated; 2. where necessary, that any material already intercepted while the subject of the interception was on its territory may not be used, or may only be used under conditions specified by the said authority, informing the competent authority of the intercepting Member State of reasons justifying those conditions.

Concise legal practical information

Special requirements

There are no specific national rules in respect of cooperation outside EU.

Last reviewed on 27 September 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.52 Tracing of telecommunications and other forms of electronic communications
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