Fiches Belges

Control of the regular mail according the Bulgarian legislation (Article 10 of Law on Special Inrelligence Means) is a special investigative technique for gathering evidence in criminal cases. This special intelligence mean - by technical devices and substances shall be used to ascertain the contents and the recipients of the mail of monitored person and facilities. The control of the regular mail 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 measure is applicable only to particular crimes (felonies punishable over 5 years imprisonment) under the Bulgarian Criminal Code explicitly listed at Article 172 of Criminal Procedure Code of the Republic of Bulgaria. The EIO for application of the measure usually is confidential.

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

According to Article 9 of Law of EIO the following authorities in the Republic of Bulgaria shall be competent to recognise an 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

Control of the regular mail 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. Control of the regular mail can be used for duration of 2 years with prolongation of 1 year 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.

The national rules are different in respect of cooperation within and outside of the EU. Apllicable are articles 471-477 of Criminal Procedure Code. The request and enclosed documents shall be accompanied by translation in Bulgarian language and in case of lack of such translation – by translation in one of the official languages of the Council of Europe. However with regard to the character of the measure and the prompt fulfilment of the request it is recommended the request to be accompanies by translation in Bulgarian language.