Fiches Belges

Restitution is an applicable measure according to the Bulgarian legislation with regards to the direct effect of the Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders – art. 29, in case of secured property, and the application of EU MLA Convention 2000 – art. 8.

Regulation (EU) 2018/1805 EU MLA Convention 2000

Competent authorities in the Republic of Bulgaria to execute the measure are as follows: -The competent court in case of application of the Regulation (EU) 2018/1805 – see measure E.4; - The competent court or prosecutor dealing with the case – depends on the phase of the criminal proceeding in which the property is secured or attached as evidence.

The Republic of Bulgaria accepts the certificate with a translation into the Bulgarian language - in case of application of the Regulation (EU) 2018/1805. In case of application of the EU MLA Convention 2000 - the Republic of Bulgaria accepts the requests and the other documents accompanied by a translation Bulgarian language or one of the official languages of the Council of Europe.

In case of application of the Regulation (EU) 2018/1805 – see measure E.4. A specific deadline is not envisaged in case of application of the EU MLA Convention 2000.

In case of application of the Regulation (EU) 2018/1805 – see measure E.4. In case of application of the EU MLA Convention 2000 the request can be recognized and executed where: -There is no doubt who is the rightful owner; -The restitution does not affect the rights of bona fide third parties; - There are no interim/provisional/security measures imposed on the property in Bulgaria; -The property is not evidence in a criminal proceeding in Bulgaria with crucial importance to revealing the objective truth; -The property is not perished or destroyed as a result of the crime or after the crime; -The possession of the property is not prohibited pursuant to the Bulgarian domestic legislation.