Law Amending The Criminal Procedure Code

Original Language Title: Закон за изменение и допълнение на Наказателно-процесуалния кодекс

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15310/

Name of law
Law amending the Criminal Procedure Code




Name Bill
Amendment of the Criminal Procedure Code





Date of adoption
27/05/2015



Number / year Official Gazette
42/2015







DECREE № 105
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Criminal Procedure Code adopted by HLІІI National Assembly on May 27, 2015 || | Released in Sofia on June 4, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice:
Hristo Ivanov

Act to amend the Criminal Procedure Code (prom. SG. 86 of 2005 .; amend., SG. 46 and 109 2007, pcs. 69 and 109 of 2008, pcs. 12, 27, 32 and 33 of 2009, pcs. 15, 32 and 101 of 2010, pcs. 13, 33, 60, 61 and 93 of the 2011 .; Decision № 10 of the Constitutional Court from 2011 - SG. 93 of 2011 .; amend., SG. 19, 20, 25 and 60 of 2012, pcs. 17, 52, 70 and 71 in 2013, pcs. 21 of 2014 pcs. 14 and 24 of 2015)
§ 1. In art. 28, para. 4 the words "Supreme Court" shall be replaced with "competent court".
§ 2. In art. 35 be made the following amendments:
1. In para. 2 after the words "Art. 219 "insert" 220 "and the words" Art. 350, para. 2 "are replaced with" Art. 350, para. 3 '.
2. Paragraph 3 is amended as follows:
"(3) Sofia City Court as first instance jurisdiction over cases of indictable offenses committed by judges, prosecutors and investigators from other persons enjoying immunity, as well as members of the Council of Ministers unless you apply special rules to chapters thirty-first and thirty-first "and". "
§ 3. In art. 46 be made the following amendments:
1. In para. 3 in the second sentence after the word "written" insert "and motivated."
2. A new paragraph. 4:
"(4) The prosecutor who has received instructions under par. 3 may object to them before a prosecutor with a higher prosecution office. "
Third. Former para. 4 becomes para. 5.
§ 4. In art. 60 be made the following amendments:
1. The previous text becomes para. 1.
2. Created al. 2 and 3:
"(2) The body took the measure under par. 1, notify the Ministry of the Interior.
(3) Compliance with the obligation under par. 1 is controlled by the structures of the Ministry of Interior. For violations of the obligation to notify the prosecutor and the court. "
§ 5. In art. 62 create par. 3, 4, 5, 6 and 7:
"(3) The court determines the address at which they will be implemented house arrest. A subsequent change of address of the remedy permitted by the prosecutor in pre-trial proceedings or the court before which the case is pending.

(4) The court, respectively prosecutor notify the structures that control the implementation of the measure making it, as well as subsequent change of address of its implementation.
(5) Compliance with the ban under par. 1 is controlled by the structures of the Ministry of Interior. For violations of the prohibition shall notify the Court and the Prosecutor.
(6) Compliance with the ban under par. 1 can be controlled by means of electronic surveillance procedures provided for in law.
(7) the timing of the measure in pre-trial proceedings, Art. 63, para. 4. "
§ 6. In art. 68 be made the following amendments:
1. In para. 1 in the second sentence the words "border checkpoints" are replaced by "competent bodies of the Ministry of Interior."
2. A new paragraph. 2:
"(2) When the ban under par. 1 confirmed or decided in court proceedings after pronouncement of sentence, the defendant may be confiscated identity documents under Art. 13 para. 1 pt. 1 and 2 of the Bulgarian identity documents and shall be issued replacement papers in order, pursuant to law. "
Third. Former para. 2, 3 and 4 shall become par. 3, 4 and 5.
4. Former para. 5 becomes para. 6 and the words "para. 4 "are replaced with" para. 5 ".
5. Former para. 6 becomes para. 7 and the words "para. 1 and 5 "is replaced with" para. 1 and 6 ".
§ 7. In Chapter Seven, Section II, Art. 73a:
"Measures for securing court costs
Art. 73a. (1) At the request of the prosecutor, the victim or his heirs or prejudiced legal person in pre-trial respective first instance court solely in closed session shall take measures under the Civil Procedure Code to ensure made and awarded costs in the case.
(2) The court may impose a lien on the money and securities submitted as collateral, unless stated their withdrawal to the State pursuant to art. 66, para. 2.
(3) In the proceedings the court shall take measures under par. 1 and 2 at the request of the prosecutor, the civil claimant or his heirs or the private prosecutor. "
§ 8. In art. 111, para. 5 after the words "plants containing narcotic substances" insert "as well as excise goods" and the words "under the terms and conditions of the Law on Control of Narcotic Substances and Precursors" is replaced by "the terms and conditions provided for by law ".
§ 9. In art. 141a para. 2 and 3 the words "Art. 174, para. 6 "is replaced by" Art. 174, para. 7 '.
§ 10. In art. 165 be made the following amendments:
1. A new paragraph. 3:

"(3) In urgent cases where this is the only opportunity to collect and preserve evidence in the investigation of crimes under Art. 108a and Art. 354a of the Criminal Code, the pre-trial proceedings may perform retention of undelivered correspondence without authorization under par. 2. The supervising prosecutor immediately but not later than 24 hours, submit to the judge by the court protocol activity performed together with a reasoned written request for the seizure of retained correspondence. The seizure was made after a reasoned written permission of the judge, acting promptly, but not later than 24 hours. When the judge refused to rule on retained correspondence. "
2. Former para. 3 and 4 shall become par. 4 and 5.
third. Former para. 5 becomes para. 6 is amended as follows:
"(6) The provisions of par. 1, 2, 4 and 5 shall apply to the detention and seizure of e-mail. "
§ 11. In art. 172, para. 2 words "Art. 167, para. 3 and 4 "shall be replaced with" Art. 167, para. 3, 4 and 5 ".
§ 12. In art. 173 be made the following amendments:
1. A new paragraph. 5:
"(5) Special investigative techniques can be used against a witness in criminal proceedings, who gave consent for the establishment of criminal activity of others under Art. 108a art. 143 - 143a art. 159a - 159g, art. 301-305 and Art. 321 of the Criminal Code. "
2. Former para. 5 becomes para. 6 is amended as follows:
"(6) In the cases under par. 5, and in the cases of art. 123, para. 7 shall be accompanied by written consent of the person to whom will use special intelligence means. "
§ 13. In art. 174 be made the following amendments:
1. In para. 2 words "in respect of the military" are replaced by "in cases tried by court-martial."
2. Paragraph 5 shall be amended as follows:
"(5) The authorization for use of special intelligence means in terms of judges, prosecutors and investigators be given in advance by the chairman of Sofia Court of Appeal or expressly authorized by the Vice-President if the case is jurisdiction of the Sofia city Court, at the request of the administrative head of the Sofia appellate Prosecutor's Office or authorized by the deputy. In other cases, permission is given by the President of the Military Court of Appeal or the President of the Board of specialized criminal court or by an authorized their deputies at the request of the administrative head of the Military Appellate Prosecutor's Office, or the specialized appellate prosecutor's office or their authorized deputy. Requests under the preceding sentences may be made by the Minister of Interior and Chairman of the State Agency "National Security". "
3. A new paragraph. 6:

"(6) The authorization for use of special intelligence means in terms of the Chair of the Sofia Court of Appeals, the Military Appellate Court and appellate specialized criminal court and his deputy is given by the deputy chairman of the Supreme Court in charge of Criminal Division, at the request of Deputy prosecutor at the Supreme Cassation Prosecution Office. Requests under the preceding sentence may be made by the Minister of Interior and Chairman of the State Agency "National Security". "
4. Former para. 6 and 7 become par. 7 and 8.
§ 14. In art. 194 made the following amendments:
1. In para. 1:
a) in item. 1 after the words "Art. 95-110 "insert" Art. 123, art. 212, para. 5, Art. 286-289, Art. 295, art. 299, art. 334, para. 2, Art. 335, para. 2, Art. 341a, Art. 341b, art. 342, para. 3 Peak. With par. 1 offers first, second and fourth, art. 343, para. 3 Peak. With art. 342, para. 1 offers first, second and fourth, art. 349a, Art. 353v, art. 356g - 356k "
B) the item. 1a:
"1a. for serious intentional crimes under Chapter two, Sections I, IV, V and VIII of the Special Part of the Penal Code committed by minors; "
c) Section 2 is amended as follows:
" 2. for crimes committed by judges, prosecutors and investigators from other persons enjoying immunity, members of the Council of Ministers or civil servants of art. 142, para. 1 pt. 1 of the Ministry of Interior or art. 43, para. 1 pt. 1 of the State Agency "National Security" as well as employees of the Agency "Customs" in their quality of investigative bodies; ".
2. A new paragraph. 2:
"(2) The investigation of cases of crimes under Art. 334, para. 2, Art. 335, para. 2, Art. 341a, Art. 341b, art. 342, para. 3 Peak. With par. 1 offers first, second and fourth, art. 343, para. 3 Peak. With art. 342, para. 1 offers first, second and fourth, art. 349a, Art. 353v, art. 356g - 356k Criminal Code is carried out by an investigator at the National Investigation Service. Attorney General or his authorized deputy may assign the investigation and other cases under par. 1 be carried out by an investigator at the National Investigation Service. "
Third. Former para. 2, 3 and 4 shall become par. 3, 4 and 5.
§ 15. In art. 242 be made the following amendments:
1. A new paragraph. 3:
"(3), where necessary, the prosecutor may conduct additional investigative actions, then present the investigation."
2. Former para. 3 becomes para. 4 and the words "para. 1 and 2 "are replaced with" para. 1-3. "
§ 16. In art. 249, para. 3 after the word "appeal" insert "of persons under Art. 248, para. 2 pt. 3 ".
§ 17. In art. 288 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) In the cases under par. 1 definition is subject to appeal and protest in pursuance of Chapter twenty-two. "

§ 18. In art. 309 be made the following amendments:
1. Create a new paragraph. 2 and 3:
"(2) Where the defendant is found guilty, he was sentenced to imprisonment, the execution of which is deferred under Art. 66 of the Criminal Code and there is a real risk of absconding, the court may replace detention on remand with more severe or take one.
(3) Where the defendant was found guilty and sentenced to punishment not less than ten years' imprisonment or a heavier penalty, a real risk the accused would abscond exist unless the evidence in the case does not established otherwise. "
2. Former para. 2 becomes para. 4.
third. Former para. 3 becomes para. 5 and in it after the word "action" insert "of the costs."
4. Former para. 4 becomes para. 6 and the words "para. 2 and 3 "are replaced with" para. 2-5. "
§ 19. In art. 329 be made the following amendments:
1. A new paragraph. 2:
"(2) In cases with accusation of a serious crime presence of the accused in court is mandatory."
2. Former para. 2 becomes para. 3.
§ 20. In art. 340 create par. 3, 4 and 5:
"(3) Where a rule subject to inspection Cassation decision pursuant to Art. 337, para. 2 is amended conviction and determined imprisonment, serving of which is deferred under Art. 66 of the Criminal Code, or a heavier punishment, the court shall rule on the remand, applying Art. 309, para. 2 or 3. The ruling is subject to appeal and protest before the Supreme Court.
(4) When the final judgment, which pursuant to Art. 337, para. 2 is amended conviction and determined imprisonment, serving of which is deferred under Art. 66 of the Criminal Code, or a heavier punishment, the appellate court shall immediately send a copy of the prosecutor's decision.
(5) receives the copy of the final judgment by the General Court of Appeal Prosecutor's Office may order the person bringing the relevant or closest to the seat of the court prison. In these cases, issue orders prosecutor notify the court's prosecutor who take action on the implementation of the sentence after receipt by the court. "
§ 21. In art. 369, para. 1 the words "Art. 242, para. 3 "are replaced with" Art. 242, para. 4 ".
§ 22. In art. 377 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) The order under par. 1 subject to appeal and protest in pursuance of Chapter twenty-two. "
§ 23. In art. 396, para. 1, p. 1, 'the Law on Defense and Armed Forces of the Republic of Bulgaria "are deleted.

§ 24. In art. 400 after the words "Ministry of Interior" shall be added "Art. 60, para. 3, Art. 62, para. 5 "and a comma.
§ 25. In art. 411a is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) A specialized criminal court competent to try crimes:
1. the first chapter of the Special Part of the Penal Code;
2. Article 321 and 321a of the Criminal Code; 3
. Article 116 par. 1, p. 10, Art. 131, para. 1, p. 8, Art. 142, para. 2 pt. 8, Art. 142a para. 2 second proposal, Art. 143, para. 2 second proposal, Art. 143a para. 3 second proposal, Art. 155, para. 5 pt. 1, Art. 156, para. 3 pt. 1, Art. 159, para. 5, Art. 159g, the second proposal, Art. 162, para. 3 proposal and first paragraph. 4, Art. 195, para. 1, p. 9 second proposal, Art. 199, para. 1, p. 5, Art. 208, para. 5 proposal first, art. 213a para. 2 pt. 5, second offer and par. 3 pt. 3, Art. 214 para. 2 pt. 1 and 2, Art. 235, para. 4 proposal first, art. 242, para. 1 letter "g" Art. 253, para. 3 pt. 1 second proposal, Art. 256, para. 2 second proposal, Art. 278a para. 3 third proposal, Art. 280, para. 2 pt. 5, Art. 330, para. 2 pt. 4, Art. 346, para. 6 second proposal, Art. 354a para. 2 pt. 1, Art. 354b para. 2-4, art. 354c, par. 2-4 and art. 356b para. 2 of the Criminal Code. "
2. Paragraph 2 is repealed. 3
. In para. 3 words "para. 1 and 2 "are replaced with" para. 1 ".
4. In para. 6 words "para. 1, 2 or 3 "are replaced with" para. 1 or 3 ".
§ 26. Article 411g is repealed.
§ 27. In art. 416 be made the following amendments:
1. A new paragraph. 5:
"(5) The implementation of advances costs and fees under par. 4 can also be turned on imported as guarantee money and securities. "
2. Former para. 5 becomes para. 6.
§ 28. In art. 420, para. 3 words "Supreme Court" are replaced by "the court jurisdiction to consider the request."
§ 29. In art. 424 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The request for the reopening of a criminal case pursuant to Art. 422, para. 1, p. 5 be considered by the district court, where the act of art. 419 is down by a district court or the district court as an appellate instance, except for new sentences. "
2. A new paragraph. 2:
"(2) In cases under par. 1 request for reopening the criminal case being considered by the Supreme Court. "
Third. Former para. 2 becomes para. 3 and is amended as follows:
"(3) The request shall be submitted through the respective first instance court, which immediately handed him a copy of the prosecutor, convicted or acquitted and the case sent to the Court of Appeal or the Supreme Court." || | 4. Former para. 3 becomes para. 4.
Transitional and Final Provisions
§ 30. (1) Pending criminal cases, the jurisdiction changes are considered by the courts in which they were formed.
(2) Pending legal proceedings under Chapter thirty-third are considered by the Supreme Court.
(3) Preliminary proceedings shall be completed by the authorities before pending.

§ 31. In the Law on Execution of Sentences and Detention (prom. SG. 25 of 2009 .; amend., SG. 74 and 82, 2009, issue. 32 and 73 of 2010 SG. 81 of 2011 pcs. 103 of 2012, pcs. 15 and 68 of 2013 and SG. 53 of 2014) in art. 42, para. 1 after the words "final verdict" a comma and add "including brought to the execution of an order of the Prosecutor of art. 340, para. 5 of the Criminal Procedure Code ".
§ 32. In the Customs Act (prom. SG. 15 of 1998 .; amend., SG. 89 and 153 in 1998, pcs. 30 and 83 in 1999, pcs. 63 2000, pcs. 110 of 2001, pcs. 76 2002 pcs. 37 and 95 of 2003, SG. 38 of 2004, pcs. 45, 86, 91 and 105 of 2005 SG. 30 and 105 of 2006, pcs. 59 and 109 of 2007, pcs. 28, 43 and 106 of 2008, pcs. 12, 32, 42, 44 and 95 of 2009 No.. 54, 55, 73 and 94 of 2010, pcs. 82 of 2011, pcs. 38 and 54 of 2012, pcs. 15 and 66 of 2013 pcs. 98 2014 ) in § 1 of the additional provision in point. 31 the words "Art. 194, para. 2 "are replaced with" Art. 194, para. 3 '.
§ 33. In the Law on Special Intelligence Means (prom. SG. 95 of 1997 .; amend., SG. 70 of 1999, No. 49 of 2000, No. 17 of 2003 SG. 86 of 2005, pcs. 45 and 82, 2006, issue. 109 of 2007, pcs. 43 and 109 of 2008, pcs. 88, 93 and 103 of 2009 No.. 32 and 88, 2010, issue. 1 and 13 in 2011, pcs. 44 of 2012, pcs. 17, 52, 70 and 111 of 2013, pcs. 53 and 107 of 2014 and SG. 14 of 2015) the following amendments:
1. In art. 12, a par. 3:
"(3) Special investigative techniques can be used against a witness in criminal proceedings, who gave consent for the establishment of criminal activity of others under Art. 108a art. 143 - 143a art. 159a - 159g, art. 301-305 and Art. 321 of the Criminal Code. "
2. In art. 13:
a) in para. 1, p. 6 the words "para. 3 and 4 "is replaced with" para. 3, 4 and 5 ';
B) a new paragraph. 3:
"(3) The request for use of special intelligence means to judge, prosecutor or investigator shall be submitted by the administrative head of the Sofia Appellate Prosecutor's Office of Military Appellate Prosecutor's Office, or the specialized appellate prosecutor's office or authorized by their deputy. The request for use of special intelligence means to Chairman of the Sofia Court of Appeals, the Military Appellate Court and appellate specialized criminal court and his deputy shall be submitted by Deputy Prosecutor at the Supreme Cassation Prosecution Office. Requests under the preceding sentences may be made by the Minister of Interior and Chairman of the State Agency "National Security". "
C) the previous paragraph. 3 becomes para. 4;
D) the previous paragraph. 4 becomes para. 5 and the words "para. 1 and 2 "are replaced with" para. 1, 2 and 3 ". 3
. In art. 14:
a) in para. 1 in the text before item. 1 after "supervising prosecutor" shall be added "respectively by the body of art. 13 para. 3 "and a comma;
B) in para. 2 words "Art. 12 para. 2 "are replaced with" Art. 12 para. 2 or 3 ".
4. Article 15 is amended as follows:

"Art. 15. (1) The heads of the bodies of art. 13 para. 1 or supervising prosecutor submit the request to the president of the Sofia City Court, the relevant regional or military courts, the specialized criminal court or authorized by them Vice-President, who within 72 hours give written permission for use of special intelligence means or refuse to use them as motivate their acts.
(2) The applicant shall provide the authority under par. 1 all materials underlying the request.
(3) Under paragraph. 1 and 2 permit the use of special intelligence means shall be given:
1. against judges, prosecutors and investigators - from the President of Sofia Court of Appeal or expressly authorized by the Vice-President if the case is triable by the Sofia City Court; in other cases, permission is given by the President of the Military Court of Appeal or the President of the Board of specialized criminal court or by an authorized their deputies;
2. to Chairman of the Sofia Court of Appeals, the Military Appellate Court and appellate specialized criminal court and his deputy - the deputy chairman of the Supreme Court, Criminal Division in charge. "
5. In art. 22:
a) in para. 2 in the text before item. 1 the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ";
B) in para. 3:
aa) the text before item. 1 the words "may not commence or be terminated" are replaced by "does not begin or be terminated";
Bb) create new items. 1 and 2:
"1. when permission is given for the application of special investigative techniques for detection of crime than those specified in Art. 3, para. 1;
2. in obvious factual errors in the application of a body of art. 13 or the authorization of the authority under Art. 15; "
cc) previous items. 1, 2 and 3 become items. 3, 4 and 5.
6. In art. 23 words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ".
7. In art. 25:
a) in para. 1 word "reflect" is replaced by "available";
B) a new paragraph. 2:
"(2) At the request of the authority under Art. 13 and if technically possible structure of art. 20, para. 1 provides access to information through automated information network. "
C) the former para. 2 and 3 shall become para. 3 and 4;
D) the previous paragraph. 4 becomes para. 5 and the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ";
E) the previous paragraph. 5 becomes para. 6.
8. In art. 26 words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ".
9. In art. 27 para. 1 the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ".
10. In art. 29:
a) in para. 1 the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 "and the words" Art. 13 para. 2 'everywhere replaced by "Art. 13 para. 2 or 3 ";
B) in para. 3:
aa) in section. 1 the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ";
Bb) in Item. 2 finally added "or 3";

C) in para. 7 the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 ";
D) Paragraph 8 is amended as follows:
"(8) The presidents of district and appellate courts and the President of the Supreme Court include in their annual reports on the number of permits granted and prepared material evidence." | || 11. In art. 31:
a) in para. 3 words "information under Art. 24 and 25 which is not used for the preparation of material evidence "is replaced by" information under Art. 24 which is not used for the preparation of material evidence and information under Art. 25 ';
B) in para. 4 and 5 the words "Art. 13 para. 1 or 2 "are replaced by" Art. 13 para. 1, 2 or 3 "and the words" Art. 12 para. 2 "are replaced with" Art. 12 para. 2 or 3 ";
C) in para. 6 words "Art. 25, para. 3 and 4 "shall be replaced with" Art. 25, para. 4 and 5 '.
12. In art. 34e, para. 3 and 4 the word "Commission" is replaced by "National Assembly".
13. In art. 34e creates par. 6:
"(6) If there is evidence of unlawful authorization application of special investigative techniques of body art. 15 National Bureau complaint with the prosecutor and notify the Supreme Judicial Council, the head of the superior court and the Minister of Justice. "
§ 34. Paragraph 6 pt. 2 shall take effect upon entry into force of the law under Art. 68, para. 2.
law was adopted by the 43rd National Assembly on May 27, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
3727