Fiches Belges

Service of procedural documents is an applicable measure according to the Bulgarian legislation under international judicial cooperation. All kinds of procedural documents can be served - there are no limitations with regard to the scope of the measure. The sending and service of procedural documents - accompanied by a relevant translation, can be performed directly via the postal services. The documents may be sent for service by the Bulgarian authorities on the basis of a request for legal assistance when: - The address of the person for whom they are intended is unknown or uncertain; - The procedural legislation of the requesting member-state requires evidence that the document is served to the addressee different from the evidence that may be received by the postal services; - The servicing of documents via post is impossible; - The requesting member-state has sound reasons to consider the service via postal services as inefficient or unsuitable. The measure may be performed in conformity to the procedure, applicable in the requesting/issuing state, if this procedure does not contradict the main principles of the law in the Republic of Bulgaria. In this case the request for legal assistance must be accompanied by excerpts of the provisions relevant to the procedure of the requesting/issuing state.

Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by the Council in accordance with Article 34 of the Treaty on European Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 58/2007 (The Convention 2000); European Convention on Mutual Assistance in Criminal Matters of the Council of Europe, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 39/1994 (the European Convention on Mutual Assistance in Criminal Matters of 1959); Criminal Procedure Code of the Republic of Bulgaria

The authorities competent for the application of the measure are the respective local District/Regional Courts and District/Regional Prosecution offices – with regards of the stage of criminal proceedings, respectively depending on the subject of the case i.e. the type of respective crime. The central authorities competent for the application of the measure are as follows: -in the pre-trial proceedings - the Supreme Prosecutor's Office of the Republic of Bulgaria; -in the trial proceedings - the Ministry of Justice of the Republic of Bulgaria.

The MLA request and enclosed documents must be accompanied by translation in Bulgarian language and in case of lack of such translation – by translation in one of the official languages of the Council of Europe.

A specific deadline is not envisaged.

The rules of the MLA Convention 2000 apply to the EU Member States. In respect of cooperation with States outside the EU, the European Convention on Mutual Assistance in Criminal Matters of 1959 is applicable.