Bulgaria

Penal Procedure Code

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.

Keywords

Procedure for witness testimony - national proceedings



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