Law Amending And Supplementing The Law On Special Intelligence Means

Original Language Title: Закон за изменение и допълнение на Закона за специалните разузнавателни средства

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15542/

Name of law Law amending and supplementing the law on special intelligence means the name of the Bill a bill amending and supplementing the law on special intelligence means date of acceptance 17/09/2015 number/year Official Gazette 74/2015 Decree No 174

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on special intelligence means, received from HLIIÌ National Assembly on 17 September 2015.

Issued in Sofia on 24 September 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Hristo Ivanov

LAW

amending and supplementing the law on special intelligence means (promulgated, SG. 95 of 1997; amend., SG. 70 (1999) 49/2000, 17/2003, no. 86 of 2005 No. 45 and 82 of 2006, 109/2007, no. 43 and 109 in 2008, issue 88, 93 and 103 of 2009. , PC. 32 and 88 from 2010, PC. 1 and 13 of 2011, issue. 44 by 2012 PCs. 17, 52, 70 and 111 by 2013, PCs. 53 and 107 from 2014, PC. 14, 42 and 56 by 2015.)

§ 1. In art. 14, para. 1, paragraph 1, after the words "under art. 3, al. 1 "insert" including in the cases of art. 4. "

§ 2. In art. Al 21. 1 and 2 are amended:

(1) the period of application of special intelligence means is to: 1. twenty days in the cases of art. 12, al. 1, item 4;

2. six months in respect of activities related to the protection of national security in the case of the prevention of serious intentional offences under Chapter I of the special part of the Penal Code;

3. two months in other cases.

(2) if necessary, the period referred to in para. 1 may be extended by the order of art. 15:

1. up to twenty days, but for no more than 60 days in total in the cases referred to in para. 1, item 1;

2. for not more than 12 months total in the cases referred to in para. 1, item 2;

3. for not more than six months in total, in the cases referred to in para. 1, item 3. "

§ 3. In art. 22 Al is created. 5:

"(5) in the cases referred to in para. 3, paragraphs 1 and 2, the authority referred to in art. immediately notify the authority in writing 20 under art. 15, as well as the authority under art. 13. the authority under art. 15 repealed, amended or confirmed the authorisation, sends his act of the authority under art. 20 and shall notify the authority under art. 13. After receipt of the judicial act by which authorisation is amended or confirmed, the authority under art. 20 take action immediately on application of special intelligence means. "

§ 4. In art. 30, para. 1, after the words "Government agency" technical operations "there shall be added" or the President of the State Agency for national security.

§ 5. In art. 31 the following amendments and supplements: 1. Al. 5, after the words "under para. 3 "there shall be added" and 7 ".

2. paragraph 6 is replaced by the following: "(6) the information under art. 21, para. 1, item 2 and al. 2, item 2 shall be kept by the specialized s″otvetnata Directorate, the territorial Directorate or private territorial Department of the State Agency for national security, from service "Military information" to the Minister of Defense or the national intelligence service for a period of up to 15 years. The period shall start to run from the termination of the application of the special intelligence means. "

3. a para. 7: "(7) after the expiry of the time limit referred to in paragraph 1. 6 the information is destroyed by the three-member Commission, appointed by the head of the structure under para. 6 Protocol drawn up. "

§ 6. In art. 34 is the following modifications are made:

1. In paragraph 8. 5, the words "article. 13, 15 and 20 "are replaced by" article. 13 and 20.

2. in the Al. 6, the words "the head of the higher court ' shall be deleted.

§ 7. In art. 34 (h) Al. 1 shall be amended as follows: ' (1) the National Assembly by the Standing Committee carried out parliamentary control over the authorisation procedures, the implementation and use of special intelligence means, as well as on the storage and destruction of information received by them. "

Transitional and final provisions

§ 8. The time limits for the application of special intelligence means in nepriklûčilite procedures shall be determined on the previous line.

§ 9. The time limit under art. 31, para. 6 shall also apply to information received before the entry into force of this law.

§ 10. In the code of criminal procedure (official SG. 86 of 2005; amend., SG. 46 and 109 from the 2007 No. 69 and 109 in 2008, issue 12, 27, 32 and 33 by 2009, issue 15, 32 and 101 of 2010, issue 13, 33, 60, 61 and 93 from 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 19, 20, 25 and 60 by 2012 PCs. 17, 52, 70 and 71 of 13 PCs. 21 by 2014, PC. 14, 24, 41, 42 and 60 by 2015.) make the following changes and additions:

1. In art. 35, para. 2 the words ' 95 – 110 ' shall be deleted.

2. In art. 175: a) paragraphs 3 and 4 shall be amended as: "(3) the time limit for the application of special intelligence means is: 1. up to twenty days in the cases of art. 12, al. 1, item 4 of the law on special intelligence means;

2. within two months in the other cases.

(4) if necessary, the period referred to in para. 1 may be extended by the order of art. 174:

1. up to twenty days, but for no more than 60 days in total in the cases referred to in para. 3, item 1;

2. for not more than six months in total, in the cases referred to in para. 3, item 2. ";

(b)) a new para. 5:

"(5) in the cases referred to in para. 4 request for extension and contain a complete and comprehensive indication of the results obtained by the application of special intelligence means. ";

in the previous para.) 5 and 6 become Al respectively. 6 and 7.

The law was passed by the National Assembly-43 on 17 September 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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