Fiches Belges

Surveillance according the Bulgarian legislation (Article 7 of Law on Special Intelligence Means) is a special investigative technique for gathering evidence in criminal case. This special intelligence mean - visual and by technical devices shall be used to detect, reveal and record the movements of monitored person. The surveillence 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. Tracking of a person by tracking device being installed is possible but the Bulgarian legislation does not envisage an explicit legal definition of it. The EIO for application of the measure usually is confidential.

Directive 2014/41/EU of EIOs Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. European Convention on Mutual Assistance in Criminal Matters of 1959 and the Second Additional Protocol to that convention. Articles 172 – 176 of Criminal Procedure Code Law of EIO Law on Special Intelligence Means

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 language for EIO The request for MLA 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.

Surveillance 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. Surveillance can be used for duration of 3 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.

The national rules are different in respect of cooperation within or outside of the EU. For cooperation within EU an EIO (Annex A of Directive 2014/41/EU) must be issued and for cooperation outside the EU - request for MLA. The request for MLA 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.