Law On The European Protection Order

Original Language Title: Закон за европейската заповед за защита

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15289/

Name of the law, law on the European protection order Name of Bill a Bill to Date European protection order of adoption 22/05/2015 number/year Official Gazette 41/2015 Decree No 102

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 for the European protection order adopted by the HLÌÌI National Assembly on May 22, 2015.

Issued in Sofia on May 29, 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

the European protection order

Chapter one

GENERAL

The subject of the law

Art. 1. This law governs the conditions and procedures for:

1. recognition and enforcement of a European order for protection in criminal matters, issued in another Member State;

2. the issue of the Republic of Bulgaria of the European protection order in criminal matters and its sending to the recognition and enforcement in another Member State.

European protection order

Art. 2. (1) the European protection order is an act issued by a competent authority of a Member State, on the basis of which the competent authority of another Member State, take appropriate measure or measures of protection under national law in order to extend the protection of a person in its territory.

(2) the European protection order shall be issued in accordance with the model in annex 1.

Protection measure

Art. 3. (1) the European protection order shall be issued on the basis of the taken protective measures.

(2) the measure of protection include one or more of the following prohibitions or restrictions imposed on the person creating the danger:

1. prohibition on frequenting certain locations, regions or certain objects, in which the protected person resides or visits;

2. the prohibition or limitation of contact in any form with the protected person, including by phone, email or regular mail, fax or any other means;

3. the prohibition or restriction on bringing to the protected person less than a certain distance.

(3) the Measure under para. 1 shall be taken in criminal proceedings in a Member State for the protection of a person injured by a crime directed against his life, physical, mental or sexual integrity, his personal freedom or dignity.

Collection of information

Art. 4. By 31 January each year the courts under art. 5 and 13 of the Ministry of Justice sent information about the number of the recognised requested issued and sent European orders for protection during the previous year. The Justice Department sends the information summarized by the European Commission.

Chapter two

RECOGNITION AND ENFORCEMENT OF A EUROPEAN PROTECTION ORDER ISSUED IN ANOTHER MEMBER STATE. TERMINATION OF THE IMPLEMENTATION OF MEASURES FOR THE PROTECTION

Competent authority

Art. 5. (1) the competent authority in the Republic of Bulgaria to recognise the European protection order issued in a Member State, is the District Court of residence of the protected person.

(2) where the protected person is not domiciled within the territory of the country, competent to recognise the European protection order is the Sofia City Court.

(3) where a European protection order is submitted to the authority which is not competent to recognise it, he sends it to the competent court ex officio and shall immediately inform the issuing State in such a way that a written record and authentication.

Production on the recognition

Art. 6. (1) upon receipt of a European protection order by mail, e-mail, fax or by any other means enabling the written record and authentication, the court proceedings on the recognition and rule within three days.

(2) the court hearing the case solely in closed session.

(3) the Court may request the competent authority of the issuing State additional information such as set a time limit for its receipt. The hearing was postponed until the expiry of that period.

(4) the Court makes an order by which:

1. recognise the European protection order and determine the measure of protection provided for in the law, which most closely match the security measure taken in the issuing State; the measure of protection set by the Court, may not be more severe than the measure taken in the issuing State;

2. refuses to recognize and fulfill the European protection order in the presence of any of the grounds under art. 7.

(5) the definition of the Court is final.

(6) the Court shall inform the person creating the danger, the competent authority of the issuing State and the protected person for definition under para. 4, paragraph 1, as well as the possible consequences of the breach of the protection measure in accordance with the Bulgarian law. Address or other contact information of the protected person shall not be communicated to the person creating the danger, unless these data are necessary for the implementation of the measure.

(7) the Court shall immediately notify the competent authorities of the issuing State and the protected person for refusal under para. 4, item 2 and the basis for its rendering. The Court shall inform the protected person and the possibility to request protective measures under this law, as well as all applicable remedies provided by the law.

Grounds for refusal of recognition

Art. 7. the Court may refuse to recognise the European protection order where: 1. the order is incomplete or incompleteness is not removed by the competent authority of the issuing State within the time limit;

2. measure the order is different from the restrictions and prohibitions under art. 3, al. (2);


3. measure the order was enacted in relation to an act which does not constitute an offence according to the Bulgarian legislation;

4. measure the order was handed down in connection with the crime, which is on amnistirano Bulgarian legislation and the case for it is the ordinary of the Bulgarian Court;

5. the person creating the danger, shall enjoy immunity, making it impossible to claim a measure of protection;

6. the prosecution of the crime is barred and the case for it is the ordinary of the Bulgarian Court;

7. acceptance of the order would be contrary to the principle ne bis in idem;

8. the measure was enacted in order to a person who, because of his age, according to the Bulgarian law, cannot be nakazatelnootgovorno for the acts in respect of which the measure was enacted;

9. the measure in order in connection with a crime that under Bulgarian law is considered committed wholly or mainly in the territory of the Republic of Bulgaria.

Implementation of the measure for protection art. 8. (1) After recognition of a European protection order, the Court shall forward to the authorities of the Ministry of the Interior on the place of residence of the protected person in country a copy of the definition of performance.

(2) the definition is subject to immediate execution.

(3) upon violation of the specified measure the Ministry of the Interior shall immediately notify the authorities of the public prosecutor and the Court.

(4) the Court shall inform the competent authority of the issuing State or the State of supervision for any violation of the measure set out in the implementation of the European protection order. Notification shall be made in writing in accordance with Annex 2.

(5) the notification under paragraph 1. 4 shall be accompanied by a translation into the official language or one of the official languages of the issuing State or in another official language of the European Union, which it has defined in a declaration to the European Commission.

Action in the amendment of the European protection order

Art. 9. (1) where the competent authority in the issuing State amended the European protection order, the Court may amend the measure set out in the performance of a recognized European protection order, which shall inform the authorities of the Ministry of the Interior.

(2) the Court may refuse to amend a measure of protection, if it is different from the prohibitions or restrictions referred to in art. 3, al. 2, or if the information provided with the amended European protection order is incomplete or is not presented further information within the time limit under art. 6, al. 3.

(3) in the cases referred to in para. 1 and 2 shall apply art. 6.

Termination of the implementation of the protection measure

Art. 10. (1) the Court shall suspend the execution of the security measure, immediately after being notified by the competent authority of the issuing State of the cancellation or withdrawal of the European protection order.

(2) the Court may suspend the execution of the measure of protection when:

1. did the information that the protected person resides or has not left the territory of the Republic of Bulgaria;

2. the period of validity of a measure of protection has expired;

3. the issuing State has sent to the Bulgarian State judicial or other decision for probation after a European protection order has been recognized by the Court under art. 5;

4. delivered the definition of art. 9, para. 2.

(3) prior to the termination of the implementation of the measure for the protection in the cases referred to in para. 2, item 2, the Court may request the competent authority of the issuing State information on the need for continued protection.

(4) upon termination of the implementation of the measure to protect the Court shall inform the authorities of the Ministry of the Interior.

(5) after the termination of the implementation of the measure to protect the Court shall immediately notify the competent authority of the issuing State and the protected person.

Consulting

Art. 11. If necessary, the Court shall consult the competent authority of the issuing State.

Expenses

Art. 12. The costs of the recognition and enforcement of the European protection order shall be borne by the Bulgarian State with the exception of costs arising in the territory of the issuing State.

Chapter three

ISSUING AND SENDING OF A EUROPEAN ORDER FOR THE PROTECTION OF THE ENGLISH COURT

Competent authority

Art. 13. (1) the competent authority in the Republic of Bulgaria to issue a European order for protection is the court competent to hear the case, which has taken a measure of protection under art. 67 of the code of criminal procedure.

(2) where the probation measure was imposed under art. 42 b, para. 3, paragraph 1 of the Penal Code, the competent authority to issue a European order for protection is the District Court be had on her.

Order

Art. 14. (1) a European protection order may be issued at the request of the protected person, or his guardian or custodian when the protected person resides or intends to reside in the territory of another Member State.

(2) the request for the issue of a European protection order may be made in the country or in a Member State under paragraph 1. 1. (3) where a request is made to the Court under art. 13, but jurisdiction to issue a European order for protection is an authority in another Member State, the request shall be sent immediately.

(4) the request for the issue of a European protection order shall be filed in writing or orally at the hearing and shall contain the particulars of the person who submitted it to the person who creates the danger of the circumstances on which it is based, as well as an indication of the case which has taken protective measures or measure the probation was imposed under art. 42 b, para. 3, paragraph 1 of the Penal Code.


(5) upon the issue of a European protection order, the Court shall indicate the case which the measure was taken to protect or probation measure was imposed under art. 42 b, para. 3, paragraph 1 of the Penal Code, shall take into account the need to protect and the length of stay of the person in the other Member State under paragraph 1. 1.

(6) upon submission of a request under paragraph 1. 1 shall not pay state tax.

(7) the Court shall consider the request for the issue of a European protection order solely in open court, within three days from the date of its filing, with the obligatory participation of the Prosecutor and of the protected person.

(8) the person who creates the danger, calls when in taking the protection measure has not been granted the right to be heard. Default of persons on a regular basis is not an obstacle to the hearing.

(9) the Court shall decide on the request by order, which shall be declared at the hearing.

(10) where the Court refuses to issue a European order for protection, it shall inform the protected person on all applicable remedies provided by the law.

Appeal art. 15. the definition, in which the Court refused the issue of a European protection order can be appealed by the protected person within three days from the date of its notification pursuant to chapter twenty-second of the code of criminal procedure. The appeal shall be lodged by the Court that issued the Act, with a copy to the other party.

Send a European protection order

Art. 16. (1) the Court which issued the European protection order, immediately forward it to the competent authority of the Member State under art. 14, para. 1 by mail, e-mail, fax or by any other means enabling the written record and authentication.

(2) the European protection order shall be accompanied by a translation into the official or one of the official languages of the executing State or in another official language of the European Union, which it has defined in a declaration to the European Commission.

(3) where the Court of Justice has no information for the competent authority in the executing State, he asks, including via the contact points of the European judicial network.

(4) the Court which issued the European protection order shall immediately provide information on the need to continue protection upon request by the competent authority of the executing State.

Actions in case, undo, or making a new measure to protect

Art. 17. (1) when dropping or cancellation of the protection measure taken or when making a new European protection order can be cancelled, according to a new issue by the procedure of art. 14.

(2) the European protection order shall be repealed and under the imposed penalty involving deprivation of liberty of the person creating the danger.

(3) in the cases referred to in para. 1 and 2, the Court shall immediately forward the new European protection order, inform accordingly the competent authorities revoked her of the executing State.

Consulting

Art. 18. where appropriate, the Court shall consult the competent authority of the executing State.

Expenses

Art. 19. The cost of issuing and sending the European protection order shall be borne by the Republic of Bulgaria.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "protected person" means a natural person who is the subject of the protection resulting from the protective measures taken by the issuing State.

2. "Person, creating the danger" is a natural person, that are imposed on one or more of the prohibitions or restrictions referred to in art. 3, al. 2.

3. "Issuing State" means the Member State where the measure was taken to protect, which constitutes the basis for the issue of a European protection order.

4. the "Executing State" means the Member State to which it has sent the European protection order for recognition and enforcement.

5. "State of supervision" means the Member State to which it has submitted for recognition and enforcement a judgment within the meaning of art. 3 of the Act of recognition, performance and send the judgments and probation decisions with a view to the exercise of supervision of probation measures and alternative sanctions.

6. "Member State" means a Member State of the European Union, except Denmark and Ireland.

§ 2. This law introduces the requirements of Directive 2011/99/EC of the European Parliament and of the Council of 13 December 2011 on the European protection order (OB, L 338/2 of 21 December 2011).

§ 3. As far as this Act does not contain specific rules shall apply the provisions of the code of criminal procedure.

FINAL PROVISIONS

§ 4. In the Penal Code (official SG. 26 of 1968; Corr. 29/1968; amend., SG. 92, 1969, no. 26 and 27 of 1973, no. 89 of 1974, no. 95 of 1975, no. 3 of 1977, 54/1978, no. 89 of 1979, no. 28 of 1982; Corr, 31/1982; amend. , PC. 44 of 1984, PCs. 41 and 79 since 1985; Corr, PCs. 80 of 1985; amend., SG. 89 of 1986; Corr, PCs. 90 of 1986; amend., SG. 37, 91 and 99 of 1989, PCs. 10, 31 and 81 of 1990, St. 1 and 86 of 1991; Corr, PCs. 90 of 1991; amend., SG. 105 of 1991, PCs. 54 of 1992, issue. 10 since 1993, PCs. 50 of 1995; Decision No 19 of the Constitutional Court from 1995 – PCs. 97 of 1995; amend., SG. 102 of 1995, PCs. 107 of 1996, PCs. 62 and 85 of 1997; Decision No 19 of the Constitutional Court from 1997 – PCs. 120 of 1997; amend., SG. 83, 85, 132, 133 and 153 of 1998, PCs. 7, 51 and 81 of 1999, issue. 21 and 51 by 2000; Decision of the Constitutional Court No. 14 of 2000 – PCs. 98 by 2000; amend., SG. 41 and 101 of the 2001 PCs. 45 and 92 by 2002, PCs. 26 and 103 of 2004, PCs. 24, 43, 76, 86 and 88 of 2005, St. 59, 75 and 102 in 2006, PCs. 38, 64, 57, 85, 89 and 94 in 2007, PCs. 19, 67 and 102 by 2008, PCs. 12, 23, 27, 32, 47, 80, 93 and 102 of 2009, PCs. 26 and 32 from 2010, PC. 33 and 60 by 2011, issue. 19, 20 and 60 by 2012 PCs. 17, 61 and 84 from 2013, PCs. 19, 53 and 107 from 2014, PC. 14 and 24 by 2015.) in art. 296, para. 1, after the words "domestic violence" insert "or a European protection order".


§ 5. 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 and 24 by 2015.) make the following changes and additions:

1. In art. 67:

a) the title shall be replaced by the following: "measures for the protection of the victim";

(b)) paragraph 1 shall be amended as follows:

' (1) on a proposal from the Prosecutor with the consent of the victim or at the request of the victim, the relevant Court of first instance may prohibit the defendant:

1. to close immediately the victim;

2. to carry out contact with the victim in any form, including by telephone, by electronic or regular mail and fax;

3. visits to certain localities, areas or facilities where the victim resides or visits. ";

in) a new para. 2:

"(2) the Court shall inform the victim about the possibility of being awarded a European protection order.";

d) previous al. 2, 3 and 4 shall become respectively al. 3, 4 and 5.

2. an art. 68A:

"The consequences of the violation of the measures for the protection of the victim and of the ban on leaving the confines of the Republic of Bulgaria

Art. 68. When the defendant violated the measure under art. 67 or the prohibition under art. 68, his detention is taken or the designated detention order is amended in a heavier weight in accordance with the procedure laid down in this code. "

3. In art. 310 Al is created. 5:

"(5) in the case of imposed probation measure under art. 42 b, para. 3, paragraph 1 of the Penal Code the Court shall inform the victim about the possibility of European protection order. "

§ 6. The law shall enter into force one month after its publication in the Official Gazette.

The law was passed by the National Assembly-43 on May 22, 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

 

Annex No 1 to art. 2, al. 2 see annex



Annex 2 to the art. 8, al. 4

See annex

 

 

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