BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter one. TASKS AND LIMITS OF EFFECT


Art 2. (2) The Penal Procedure Code shall also apply in the cases of performing court orders of another country, placed by virtue of an agreement or under the terms of reciprocity.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirty six. PROCEDURES IN CONNECTION WITH INTERNATIONAL COOPERATION ON PENAL CASES

Section III. International Legal Assistance in Penal Cases

International Legal Assistance in Penal Cases

Art. 471. (1) International legal assistance in penal cases of another state shall be rendered on the terms of a concluded international treaty to which the Republic of Bulgaria is a party, or on the principle of mutuality. International legal assistance in penal cases shall also be rendered to an international court of justice whose jurisdiction has been recognised by the Republic of Bulgaria.

(2) The international legal assistance shall include:

1. submission of documents;

2. investigation actions;

3. collection of evidence;

4. providing information;

5. other forms of legal assistance if they are stipulated in an international treaty to which the Republic
of Bulgaria is a party, or are imposed on the terms of mutuality .

Art. 472. The international legal assistance may be refused if the granting of the request could endanger the sovereignty, national security, public order or other interests protected by law.

Art. 473. (1) The appearance of a witness and an expert before foreign court authorities shall only be allowed if assurance is given that the summoned persons, irrespective of their citizenship, would not bear criminal liability for acts committed prior to summoning them. In the event of a refusal to appear, no coercive measures may be applied to them.

(2) Turning over persons detained in custody, in order to be interrogated as witnesses or experts, shall only be allowed in exceptional cases at the discretion of the respective district court on the grounds of papers submitted by the other state or the international court of justice, provided that the person gives his/her consent for being turned over and provided that his/her stay in the other state will not extend the term of his/her detention in custody .

Art. 474. (1) A court authority of another state may carry out through a video conference or a telephone conference the interrogation of a person who is a witness or an expert in penal procedure and is in the Republic of Bulgaria, when this is stipulated in an international treaty to which the Republic of Bulgaria is a party. An interrogation through video conference with the participation of a defendant may only be carried out with his/her consent and after the participating Bulgarian court authorities and the court authorities of the other state have agreed on the manner of holding the video conference. An interrogation through video conference or telephone conference may only be carried out if this does not contradict basic principles of the Bulgarian law.

(2) The request for interrogation from the court authority of the other state shall contain:

1. the reason for which the appearance of the person himself/herself is undesirable or impossible;

2. the name of the court authority of the other state;

3. the data of the persons who will carry out the interrogation;

4. the consent of the person who will be interrogated as a witness or an expert through a telephone conference;

5. the consent of the defendant who will participate in a hearing for interrogation through a video conference.

(3) The Bulgarian competent authorities in penal procedure shall execute requests for interrogation through video conference or telephone conference. For the needs of a pre-trial procedure, a request for interrogation through video conference or telephone conference shall be executed by the National Investigation Service. For the needs of a court procedure, a request for interrogation through telephone conference shall be executed by a court of equal degree at the place of residence of the person, and for interrogation through video conference – by the court of appeal at the place of residence of the person. The competent Bulgarian authority may require the requesting state to ensure the technical means of interrogation.

(4) The interrogation shall be held directly by the court authority of the requesting state or under its direction in accordance with its legislation.

(5) Prior to the interrogation, the Bulgarian competent authority shall establish the identity of the person who is to be interrogated. After the interrogation, a protocol shall be drawn up, reflecting:

1. the date and place of holding it;

2. the data of the interrogated person and his/her consent, should this be required;

3. the data of the persons participating from the Bulgarian side;

4. the fulfillment of other terms accepted by the Bulgarian side.

(6) A person who is abroad may be interrogated by a competent Bulgarian authority or under its direction through video conference or telephone conference, when the legislation of the other state allows this. The interrogation shall be carried out in accordance with the Bulgarian legislation and the provisions of the international treaties to which the Republic of Bulgaria is a party, regulating the said means of interrogation.

(7) Interrogation through video conference or telephone conference under Para 6 in the pre-trial procedure shall be carried out by an investigator from the National Investigation Service, and in the court procedure – by the court.

(8) The provisions of Paras 1 - 5 shall also be applied respectively to the interrogation of the persons under Para 6.

Art. 475. (1) The order for international legal assistance shall contain data of: the authority addressing it; the subject and motive of the request; the names and citizenship of the person to whom the request refers; the name and address of the person to whom the papers are to be handed over; if necessary – the indictment and a brief statement of the its facts.

(2) The order for international legal assistance shall be sent to the Ministry of Justice unless an international treaty to which Bulgaria is a party stipulates another procedure.

Art. 476. (1) The order for international legal assistance shall be executed under the procedure stipulated in the Bulgarian laws, or under a procedure stipulated in an international treaty to which the Republic of Bulgaria is a party. The order may also be executed under the procedure stipulated in the law of the other state or the statutes of the international court of justice, provided that this has been requested and does not contradict the Bulgarian laws. The other state or the international court of justice shall be informed about the time and place of execution of the order, if this is requested.

(2) The request for legal assistance and all the other notices from the competent authorities of another state, sent and received by facsimile and electronic mail, shall be received and executed by the Bulgarian competent authorities under the same procedure as those sent by ordinary mail. The Bulgarian authorities may ask for verification of the authenticity of the sent materials and may receive the originals by express mail.

(3) The Supreme Cassation Prosecution shall establish together with other states joint investigation teams in which Bulgarian prosecutors and investigation authorities shall participate. An agreement shall be concluded with the competent authorities of the participating states about the activities, term and composition of the joint investigation team. In the territory of the Republic of Bulgaria the joint investigation team shall observe the provisions of the international treaties, the terms of the agreement and the Bulgarian legislation.

(4) The Supreme Cassation Prosecution shall file requests to other states for investigation through an undercover officer, through controlled delivery and cross-boundary observation, and shall pronounce itself on such requests from other states.

(5) On the terms of mutuality, the foreign authority carrying out an investigation through an undercover officer in the territory of the Republic of Bulgaria may collect evidence in accordance with its national legislation.

(6) In urgent cases of crossing the state boundary for cross-boundary observation in the territory of the Republic of Bulgaria, the Supreme Cassation Prosecution shall be informed immediately. It shall adopt a decision for the continuation or termination of the cross-boundary observation on the terms and under the procedure of the Special Intelligence Devices Act.

(7) The execution of requests from other states for controlled delivery and cross-boundary observation shall be carried out by the competent investigating authority. It may ask for assistance the police, customs and other administrative authorities.

Art. 477. The expenses for the execution of the order shall be distributed between the countries in accordance with the international treaties to which the Republic of Bulgaria is a party, or on the principle of mutuality.

Article 86
General obligation to cooperate
States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for
all of the forms of cooperation which are specified under this Part.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of
national law, comply with requests by the Court to provide the following assistance in relation to
investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of
evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the
Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of
grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and
documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets
and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the
rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested
State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction
of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert
appearing before the Court that he or she will not be prosecuted, detained or subjected to any
restriction of personal freedom by the Court in respect of any act or omission that preceded the
departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented
under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental
legal principle of general application, the requested State shall promptly consult with the Court to
try to resolve the matter. In the consultations, consideration should be given to whether the
assistance can be rendered in another manner or subject to conditions. If after consultations the
matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or
in part, only if the request concerns the production of any documents or disclosure of evidence
which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall
consider whether the assistance can be provided subject to specified conditions, or whether the
assistance can be provided at a later date or in an alternative manner, provided that if the Court or
the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide
by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the
Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes
of identification or for obtaining testimony or other assistance. The person may be transferred if
the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that
State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the
transfer have been fulfilled, the Court shall return the person without delay to the requested State.
8. (a) The Court shall ensure the confidentiality of documents and information, except as
required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to
the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of
generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor,
subsequently consent to the disclosure of such documents or information. They may then be used
as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of
Procedure and Evidence.
9. (a) (i) In the event that a State Party receives competing requests, other than for
surrender or extradition, from the Court and from another State pursuant to
an international obligation, the State Party shall endeavour, in consultation
with the Court and the other State, to meet both requests, if necessary by
postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the
principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or
persons which are subject to the control of a third State or an international organization by virtue
of an international agreement, the requested States shall so inform the Court and the Court shall
direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State
Party conducting an investigation into or trial in respect of conduct which constitutes a crime
within the jurisdiction of the Court or which constitutes a serious crime under the national law of
the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of
evidence obtained in the course of an investigation or a trial
conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained
with the assistance of a State, such transmission shall require the
consent of that State;
b. If the statements, documents or other types of evidence have been
provided by a witness or expert, such transmission shall be subject
to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for
assistance under this paragraph from a State which is not a Party to this Statute.