Fiches Belges

Tracing of telecommunications and other forms of electronic communications is an applicable measure according to the Bulgarian legislation under international judicial cooperation. According to Article 159A of Criminal Procedure Code the measure is a method for gathering the data, generated in the course of performance of activities of public electronic communication networks and/or services which may be required for: 1. tracing and identification of the source of the communication link; 2. identification of the direction of the communication link; 3. identification of the date, hour and duration of the communication link; 4. identification of the type of the communication link; 5. identification of the terminal electronic communication device of the user of of that presenting itself as its terminal device; 6. establishment of an identification code of the cells used. The application of the method is admissible with regard to intentional crimes explicitly envisaged under the Criminal Procedure Code that are punishable with deprivation of liberty for a term of more than five years.

Directive 2014/41/EU on EIOs Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. Law on Ratification of Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of the year 2000. Art. 159a of Criminal Procedure Code Law on Electronic Communications Law of EIO

Competent authorities to request the application of this measure are: a court as part of court proceedings or based on motivated order by a judge of the respective court of first instance, issued by request of the supervising prosecutor of pre-trial proceedings pursuant to Article 159A of Criminal Procedure Code. According Article 9 of Law of EIO the following authorities in the Republic of Bulgaria shall be competent to recognise a European Investigative Order issued by a competent authority of another Member State: 1. in a pre-trial proceeding: a prosecutor of the relevant district prosecution office or military district prosecution office within whose judicial district the relevant investigative measure or other procedural measures are requested to be carried out. 2. in a trial proceeding: the relevant district court or military court within whose judicial district the investigative measure concerned or other procedural measures are requested to be carried out

Bulgarian and English languages

By virtue of Article 159A of Criminal Procedure Code the timelimit of performance of this measure is 6 months back from the moment of the receiving of the request for legal assistance. No later than 30 days from the receipt of the EIO the competent authority has to take a decision for its recognition and execution. This term may be extended by not more than 30 days after indicating the reasons for the delay and after consultations between the competent authority and the issuing body. The competent authority for the execution of the EIO shall carry out actions for the investigation and other judicial investigation measures within no later than 90 days from the date of its recognition. When it is not possible to observe the above terms, the competent authority shall immediately notify the issuing body of the reasons for the delay and after conducting consultations the necessary additional time for execution of an investigation action and other judicial investigation measures shall be determined. When the issuing body has indicated in the EIO that due to the determined procedural terms, the gravity of the crime, or other especially urgent circumstances a shorter term is necessary or that investigative and other judicial investigation measures must be carried out on a specific date, the competent authority for the execution of the EIO shall comply with this requirement as far as possible. When it is not possible to comply with the term or the specific date, the competent authority shall immediately notify the issuing body of the reasons and after conducting consultations the necessary additional time for implementation of activities under investigation and other judicial investigation measures shall be determined. In case of a MLA request no specific deadlines are envisaged. The practice necessitated, when the requesting state did not set a specific term, the requests for legal assistance are to be fulfilled as soon as possible, which usually takes between two and four months according to the factual and legal complexity of the particular request.

The national rules in respect of cooperation outside the EU are different. Also apllicable are articles 471-477 of the Bulgarian Criminal Procedure Code. The request for legal assistance and the enclosed documents shall be translated in Bulgarian language. One of the official languages of the Council of Europe is also accepted. However, it is recommended the request for legal assistance and the enclosed documents to be translated in Bulgarian language.