Law Amending And Supplementing The Code Of Criminal Procedure

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

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Name of law law amending and supplementing the criminal procedure code name of Bill a bill amending and supplementing the criminal procedure code date of acceptance 27/02/2014 number/year Official Gazette 21/2014 Decree No 40

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 code of criminal procedure, adopted by HLIÌ National Assembly on 27 February 2014.

Issued in Sofia on March 5, 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the criminal procedure code (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 by 2013)

§ 1. In art. 55 al. 3 shall be amended as follows:

"(3) a defendant who is not fluent in Bulgarian language shall have the right to interpretation and translation in criminal proceedings in plain language. The accused is granted translation of the decree to raise the culprit, the definitions of the Court for making the detention order, of the indictment, the sentence imposed, the decision of the appeals and the decision of the cassation instance. The accused has the right to refuse translation pursuant to this code, when there is the defender and not to violate the procedural rights. "

§ 2. In art. 121, para. 2, after the word "charge" is added "or become famous as an interpreter in meetings with defender of the accused".

§ 3. Article 142 shall be replaced by the following:

"Interview with a translator and a nightmare tales

Art. 142. (1) When the witness is not fluent in Bulgarian language, an interpreter shall be appointed.

(2) where the witness is deaf or mute, appointed nightmare tales.

(3) For the translator and t″lkovnika shall apply the rules of chapter thirty. "

§ 4. A chapter thirty "but" with art. 395 and 395 (h):

"Chapter thirty a

SPECIAL RULES FOR HANDLING CASES FOR CRIMES COMMITTED BY PERSONS WHO ARE NOT FLUENT IN ENGLISH

The provision of interpretation and translation in criminal proceedings

Art. 395. (1) where the accused is not proficient in Bulgarian language, the Court and pre-trial proceedings provide interpretation in plain language, and the translation of the acts referred to in art. 55, para. 3. (2) the Court of Justice and the bodies of the pre-trial proceedings of its own motion or on a reasoned written request of the accused or his defense attorney can provide translation and other documents in the case, in addition to the acts referred to in art. 55, para. 3, when they are essential for the exercise of the right of defence.

(3) as an exception instead of translation under para. 1 and 2 may be carried out or interpreting oral summary when the defendant agrees, there is the defender and not to violate the procedural rights.

Check for mastery of Bulgarian language of the accused

Art. 395 (b). (1) the Court and pre-trial proceedings may in any position of the case to establish the fact that the accused is not proficient in Bulgarian language.

(2) the order of the investigative body, establishing that the defendant, fluent in Bulgarian language, subject to appeal to the supervising prosecutor.

(3) the determination or order of the Court, establishing that the defendant, fluent in Bulgarian language, appeal pursuant to chapter twenty two.

Denial of the right of translation of documents

Art. 395. (1) the Court of Justice and the bodies of the pre-trial proceedings the defendant explains the right to refuse translation or interpretation of acts and documents referred to in art. 395. (2) the refusal is reflected in the Protocol, which shall be signed by the accused and his defense attorney, unless it is made in a court hearing.

Refusal to provide translation or interpretation of documents art. 395. (1) the Court and the investigating body may refuse to grant a written or oral translation of the documents referred to in art. 395, para. 2, when they are not essential for the exercise of the right of defence, as well as to refuse translation of parts of them, when they are irrelevant to the right of the accused to defence.

(2) the order of the investigative body, with which the accused is denied the written or oral translation of the documents or parts thereof shall be subject to appeal to the supervising prosecutor within three days. The Decree of the supervising attorney shall be final.

(3) the determination or order of the Court, with which the accused is denied the written or oral translation of the documents or parts thereof, appeal pursuant to chapter twenty two.

Objection against the accuracy of the translation

Art. 395 e. (1) the accused has the right to object to the accuracy of the translation in any position on the case.

(2) where it finds that the objection is justified, the relevant authority shall appoint a new translator and removed or cause repeated translation.

The appointment of an interpreter

Art. 395. (1) the Court and pre-trial proceedings mentioned in the Act, with appointed translator, data on languages fluent in the accused, full name, education and specialty of the translator or the name of the establishment in which they work and the type of translation.

(2) the authority shall appoint a translator, calls him, checked his identity, education and specialty, his relationship with the accused and the victim, as well as the existence of grounds for recusal.

(3) cannot be interpreters persons referred to in art. 148, para. 1, item 1 – 3.


(4) the Act of appointment shall be given to the translator, and then explaining his rights and obligations, as well as responsibility, if done incorrect translation.

Rules for the participation of the translator

Art. 395 g. (1) the interpreter takes part in all actions, in which participated and the defendant, as well as in meetings with his Defender on the occasion of the holding of the examination of the accused or his requests, notes, objections and appeals.

(2) where it will not interfere with the exercise of the right of defence, interpreting can be performed via videoconference, telephone conference or by any other technical means.

(3) for the default or refusal to perform translation without valid reasons the interpreter is punishable by a fine of up to five hundred euro. If the translator pointed out valid reasons for his absence, the fine shall be repealed.

Nightmare tales

Art. 395. (1) When the defendant is deaf or mute, appointed nightmare tales.

(2) the rules of this chapter shall apply in respect of t″lkovnika. "

Additional provision

§ 5. This law introduces the requirements of Directive 2010/64/EC of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OB L 280/1 of 26 October 2010).

Final provisions

§ 6. In the law on the judiciary (official SG. 64 of 2007; amend., SG. 69 and 109 of 2008 25/, 33, 42, 102 and 103 of 2009, 59/2010, no. 1, 23, 32, 45, 81 and 82 by 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 20, 50 and 81 by 2012 PCs. 15, 17, 30, 52, 66, 70 and 71 of 2013) make the following changes and additions:

1. In the title of chapter twenty one after the word "persons" there shall be added "and translators".

2. an art. 395:

"Art. 395. In civil, criminal or administrative proceedings shall appoint an interpreter, where this is provided for in law. "

3. In art. 396:

(a)) in the Al. 1 creating the second sentence: "a person is appointed as a translator from the list of Experts approved for interpreters.";

(b)) in the Al. 2, after the words "expert witness" shall be inserted "or translator".

4. In art. 397, after the words "expert witness" or "is inserted for the translator, person".

5. In art. 398:

(a)) in the Al. 1 Add "and for translators;

(b)) in the Al. 3, after the words "expert witness" shall be inserted "or translator".

6. In art. 399. 1 and 2, after the words "experts" are added "and translators".

7. In art. 400. 1, after the words "expert witness" shall be inserted "or translator".

8. In art. 402, al. 1, after the words "experts" are added "and translators".

9. in art. 403:

a) a new para. 2:

"(2) the Minister of Justice in consultation with the Supreme Judicial Council issued a regulation on:

1. the terms and deadlines for proposals for inclusion and change the lists of specialists, established for translators;

2. the conditions to be satisfied by the specialists, established for translators;

3. the conditions and procedures for determining the remuneration of translators. ";

(b)) the current al. 2 it al. 3 and shall be amended as follows:

"(3) Regulations under subsection. 1 and 2 shall be published in the Official Gazette. "

§ 7. The Ordinance under art. 403. 2 of the law on the judiciary shall be issued within two months of the entry into force of this law.

§ 8. Paragraph 4 concerning art. 395 e shall enter into force on the date of entry into force of the Ordinance under art. 403. 2 of the law on the judiciary.

The law was adopted by the 42nd National Assembly on 27 February 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

 

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