BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirteen. PROOFS

Section II. Voice Proofs

Art. 120. (1) The witness shall be obliged: to appear before the respective body, when subpoenaed; to expose everything he/she knows about the case and to answer the questions asked, as well as to remain at the disposal of the body, which has subpoenaed him/her, for as long as necessary.

(2) A witness, who is unable to appear owing to illness or disability, may be interrogated where he/she is.

(3) A witness who does not appear at the appointed place and in time to give testimony, shall be sanctioned with a fine to hundred BGN and shall be compulsory brought for interrogation following the order of Art. 71. If the witness points due reasons for his/her absence the fee and the compulsory bringing shall be cancelled.

(4) A witness who besides the cases under Art. 119 and Art. 121 refuses to give testimony shall be sanctioned with a fee to five hundred BGN.

Art. 121. The witness shall not be obliged to testify on questions, the answers to which would accuse him/her, or his/her ascendants, descendants, brothers or sisters or spouse, or the person with whom he/she is in a factual cohabitate in the commission of an offence.

(2) The witness shall not be examined with regard to the circumstances, which have been entrusted to him as a defender or as a trustee.

Art. 122. (1) A witness shall enjoy the following rights: to make use of notes about figures, dates, etc., which are with him/her and refer to his or her testimonies; to be paid remuneration for the spent working day and to be reimbursed the costs incurred by him/her, as well as to demand reversal of the acts, which harm his or her rights and legitimate interests.

(2) The witness has the right to have consultation with attorney-at-law if he/ finds that answering a question shall harm his/her rights under Art. 121. In case of made request the body of investigation or the court shall provide this opportunity.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirteen. PROOFS

Section II. Voice Proofs

Art. 123. (1) The prosecutor, the reporting judge or the court, on the witness’ request or with the latter’s consent shall take measures to protect him/her, where there are sufficient reasons to presume that, as a result of testifying, there has arisen or may arise a real danger for the life, health or property of the witness, of his or her ascendants, descendants, brothers, sisters, spouse or of persons that he/she is in particularly close relations with.

(2) The protection of the witness shall be temporary and shall be achieved through:

1. providing personal physical guarding by the bodies of the Ministry of Interior.

2. keeping secret his/her identity;

(3) The measure for personal physical guarding of ascendants, descendants, brother or sisters, spouse or persons, that the witness is in particularly close relations with, shall be taken with their consent or with the consent of their legal representatives.

(4) The act of the respective body for the protection of a witness shall state:

1. the issuing body;

2. the date, hour and place of issuance;

3. the circumstances which necessitate providing measures of protection of the witness;

4. the kind of the taken measures

5.the person’s identification data

6.the identification number which shall be given to the person which identity shall be kept in secret

7. the signatures of the person and the issuing body.

(5) Direct access to the protected witness shall have the respective pre-trial bodies and the court, and the defender and the trustee- if they specified the witness.

(6) The measures to protect the witness shall be lifted on a request of the person with regard to whom they have been taken or where there is no more need to apply them, by an act of the body under Para 1.

(7) For the protection of live, health or property of the persons under Para 1 who have given consent for thereof, special intelligence means may be used.

(8) Within thirty days period from the taking of measure under Para 2 the prosecutor or the reporting judge may propose including of the witness and of his/her ascendants, descendants, brother or sisters, spouse or persons, that the witness is in particularly close relations with into the programme of protection under the conditions and following the order of the Law of the Protection of the Persons Threatened in Connection with Criminal Procedure.

Art. 124. The accusation and the sentence may not be grounded only on the testimony given by witnesses under the order of Art. 141.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter fourteen. METHODS OF EVIDENCING

Section II. Interrogation

Art. 139. (1) Before the interrogation, the identity of the witness and his or her relations with the accused and with the other participants in the procedure shall be established. In the cases under Art. 123, Para 2, item 2, the identification number of the witness shall be entered in the record instead of the identification data.

(2) The body conducting the interrogation shall invite the witness to testify in good faith and shall warn him/her of the responsibility before the law in case he/she refuses to give testimony, gives false evidence or withholds some circumstances, and shall clarify the right under Art. 121.

(3) The witness shall make a promise that he/she will state in good faith and precisely everything he/she knows in connection with the case.

(4) The persons referred to in Art. 119 shall be informed of their right to refuse to give testimony.

(5) The witness shall state in the form of a free account everything that he/she knows in connection with the case.

(6) The provisions of Art. 115, Para 1 and of Art. 138. Para 4 and 5 shall apply to the interrogation of the witness accordingly.

(7) Interrogation of a witness out of the country can be implemented also by video-conference or telephone conference in compliance with the provisions of this code and under the conditions of international agreement, to which the Republic of Bulgaria is a party.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter fourteen. METHODS OF EVIDENCING

Section II. Interrogation

Art. 141. (1) The bodies of the pre-trial procedure and the court shall interrogate the witness whose identity is kept in secret and shall all possible precautions for keeping secret his/her identity, including whereas interrogation of a witness is performed abroad the country via video-conference or telephone conference.

(2) Copies of the records of interrogation of the witness without his/her signature shall be submitted immediately to the accused and to his/her defender, and in the court procedure – to the parties, which shall have right to question the witness in written.

(3) Following the order of Para 1 and 2 , interrogation of officer under cover shall be performed, as well as of the persons to which a protection measure under Art. 6, Para 1, items 3, 4 and 5 under the Law of Protection of Persons Threatened in Connection with a Criminal Procedure is imposed.