Fiches Belges

Securing of assets in the course of criminal proceedings intended to prevent the destruction, transformation, removal, handover or transfer of assets that can be subject to seizure.

Directive 2014/41/EU on EIOs FD 2003/577/JHA on freezing orders FD 2006/783/JHA on confiscation orders Regulation 2018/1805 as of 19 Dec 2020 CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005) The Bulgarian Recognition, Execution, Issuance and Transmission of Property Freezing Orders Act The Bulgarian EIO Act

1.BG-executing country Form Requirement-Freezing order and certificate Certificate must be translated into Bulgarian language. Channel of communication-post, email, fax Competent authorities The district court where the affected person lives. In case when the subject of the certificate is a real estate property - the district court where the real estate property is located. In case of many real estate properties-the district court where are located the most expensive property according to their tax estimation. The court hears in closed session without an involvement of the Prosecutor`s office. Deadline for the court decision - immediately. After a positive court decision the court is obliged to send the decision within 24 hours to the competent authorities for its execution-National revenue service or bailiff. The court informs about it the issuing authority. The freezing is valid until receiving a confiscation order. In case of Article 29 of the Regulation 2018/1805 the court takes a decision concerning a restitution of property/goods in favor of a victim of crime and sends its decision to the Commission for confiscation for its execution. 2.BG-issuing authorities Form Requirement-freezing order (BG court decision) and certificate translated into the official language or one of the official language of the executing country . Channel of communication-post, email or fax. Competent authorities 1.In pre-trial criminal proceedings-the case prosecutor requests the competent court to take a decision on freezing the assets abroad(MS of the EU). When the court decision is positive the case prosecutor translates and sends the court decision and the certificate to the competent authorities in the executing country. 2.Trial phase of the criminal proceedings-the court who took the decision. Every affected party could challenge the decision taken within 14 days before the second instance court (district or appeal).

The certificate has to be accompanied by a translation into the Bulgarian language in case Bulgaria is an executing country.

BG- as an executing country, deadline for the court decision - immediately.

The rules of the Bulgarian Recognition, Execution, Issuance and Transmission of Property Freezing Orders Act apply to the EU Member States.