Fiches Belges

Surveillance according the Bulgarian legislation (Article 7 of Law on Special Intelligence Means), in this scope room surveillance, 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 surveillance 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.

Directive 2014/41/EU of EIO's 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 Art. 13(2) of Law on Special Intelligence Means competent to request the measure abroad is a supervising prosecutor (from respective regional, district or military district prosecutor’s office) who shall submit to the district court a substantiated written request for use of special intelligence means for pretrial proceedings. 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 for conducting surveillance: 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's Bulgarian language and in case of lack of such translation – by translation in one of the official languages of the Council of Europe for request for MLA with third countries.

Room 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. Interception 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. In the case of request for MLA issued by third contry there is no fixed deadline for execution.

The national rules are different in respect of cooperation within or outside of the EU. For cooperation within EU an EIO must be issued and for cooperation outside the EU - request for MLA.