Fiches Belges

According the Art.10A of Special Intelligence Means a controlled delivery shall be performed by an intelligence body and shall be used by an investigating or body within the limits of their competence in the presence of uninterrupted strict control on the territory of the Republic of Bulgaria or another country within the context of international cooperation, during which a controlled individuals shall be import, export, carry or effect transit transportation through the territory of the Republic of Bulgaria of an object of a criminal offence, with view of detecting those involved in trans-border crime. The measure is aplicable only for investigation of serious premeditated crime, explicitly listed in article 172 (2) of the Bulgarian Criminal code of procedure (felonies punishable over 5 years imprisonment) under conditions, where international agreement has been concluded to which the Republic of Bulgaria is party. MLA request or EIO (Annex A of EIO DIR) of judicial authority is necessary to be issued for this international cooperation and competent to allow such measure is the Chairman of respective district or military court .

Directive 2014/41/EU on EIO's EU MLA Convention 2000 (Art.12) Art.172-177 of Criminal Procedure Code Art.10A of Law of 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, military district or appeal 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 controlled deliveries: 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 Supreme Cassation Public Prosecutor’s Office sends requests to third states concerning controlled delivery in preliminary proceedings (Art.476 (4) of Criminal Procedure Code).

Bulgarian or English language for EIO's

According to the Article 14 of Law of EIO competent authority has 30+30 days to take a decision on the recognition and the execution of the EIO and 90 days for carrying out the investigative measure.

When the issuance of EIO is needed the requesting state have to indicate the reasons why the information requested is considered relevant for the purpose of the criminal proceeding concerned. The recognition and execution of a European Investigative Order which concerns controlled delivery 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 similar cases. The details related to the execution of a European Investigative Order issued for the implementation of controlled delivery shall be agreed between the issuing State and the Republic of Bulgaria with due regard to the national legislation of the two States.