Fiches Belges

According to Article 159A of Criminal Procedure Code the measure is a method for gathering the data, generated in the course of performance of activities of public electronic communication networks and/or services which may be required for: 1. tracing and identification of the source of the communication link; 2. identification of the direction of the communication link; 3. identification of the date, hour and duration of the communication link; 4. identification of the type of the communication link; 5. identification of the terminal electronic communication device of the user of of that presenting itself as its terminal device; 6. establishment of an identification code of the cells used. The application of the method is admissible with regard to intentional crimes explicitly envisaged under the Criminal Procedure Code that are punishable with deprivation of liberty for a term of more than five years.

Directive 2014/41/EU on EIOs Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. Law on Ratification of Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. Art. 159a of Criminal Procedure Code Law on Electronic Communications Law of EIO

Competent authorities to request the application of this measure are: a court as part of court proceedings or based on motivated order by a judge of the respective court of first instance, issued by request of the supervising prosecutor of pre-trial proceedings pursuant to Article 159A of Criminal Procedure Code. According 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 languages

By virtue of Article 159A of Criminal Procedure Code the timelimits of performance of this measure is 6 months back from the moment of the receiving of the request for legal assistance. 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.

The national 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.