Fiches Belges

Cross border surveillance (or observation) on an alleged perpetrator (or a person linked to the perpetrator) is a special intelligence operation carried out from the territory of a foreign country into the territory of Bulgaria or the other way round and in the course of investigation of an extraditable offence. The measure is a type of special intelligence means applicable for the prevention and investigation of crimes, which are explicitly specified in an international treaty to which the Republic of Bulgaria is a party, by virtue of which their use is allowed. During the surveillance different aspects of the activity and behavior of persons and objects during their movement and residence are revealed and documented. The measure is executed on request for legal assistance for continuation the surveillance, sent in advance to the Supreme Prosecutor's Office of Cassation. The Office proceeds the request to the Chairman of the Sofia City Court for permit. The request must contain: 1. information about the crime and the investigation 2. data on the persons against whom the cross-border surveillance will be carried out 3. which employees will carry out cross-border surveillance 4. conditions under which the cross-border surveillance will be carried out 5. the term of carrying out the cross-border surveillance. In urgent cases when no prior authorization has been requested, the surveillance may continue upon immediate notification of the Supreme Prosecutor's Office of Cassation and the Chief Secretary of the Ministry of Interior. The requesting state shall immediately send application for legal aid to the Supreme Prosecutor's Office of Cassation where amongst the information from 1-5, circumstances that determine the need for urgency are explained.

Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders Second Additional Protocol to European Convention on Mutual Assistance in Criminal Matters of 1959 – art. 17 Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Greece for Cross-Border Police Cooperation Agreement between the Government of the Republic of Bulgaria and the Government of Romania on cross-border police cooperation in criminal matters Agreement between the Ministry of the Interior of the Republic of Bulgaria and the Ministry of Interior of the Republic of Estonia for cooperation in border management and police cooperation on criminal matters Law on ratification of the second additional protocol to European Convention on Mutual Assistance in Criminal Matters of 1959 Law on the Special Intelligence Measures Art. 34н - Art. 34p. Code of Penal Procedure Art. 476

In case Bulgaria is a requesting country - The Supreme Prosecutor`s Office of Cassation sends requests. In case Bulgaria is an executing country - the requests shall be sent to the Supreme Prosecutor`s Office of Cassation. Permission for conducting cross border surveillance is rendered by the Chairman of the Sofia City Court or authorized by him/her deputy.

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.

As a special intelligence measure the cross border surveillance is time limited. The term for its application, upon permit, shall be up to twenty days or two months, which can be prolonged respectively up to sixty days and six months in total as the case may be. The term shall run from the date determined by the permit on. As an executing competent authority the Supreme Prosecutor`s Office of Cassation and the Chairman of the Sofia City Court act promptly, with no delay.

Cross border observation is carried out by surveillance officers of the requesting state, monitored by Bulgarian officials. Upon request, surveillance may be entrusted to Bulgarian competent authorities – investigators at the National Investigation Office, that can be assisted by police officers. In the course of surveillance in the territory of Bulgaria the competent foreign authorities shall observe the legislation of the Republic of Bulgaria. They shall follow the instructions of the competent Bulgarian authorities. They shall not enter dwellings and places, which are not publicly accessible. They are not allowed to detain the person under surveillance. They shall anytime have and able to present a document evidencing the permit issued, except of cases of urgent cross-border observation. They shall be able at any moment prove their official capacity. The surveillance officers of the foreign state shall prepare a report on the actions performed by them on the territory of the Republic of Bulgaria immediately after their performance. The report shall be sent to the Supreme Cassation Prosecutor's Office.