Law Amending The Law On Protection Of Persons Endangered In Relation To Criminal Proceedings

Original Language Title: Закон за изменение и допълнение на Закона за защита на лица, застрашени във връзка с наказателно производство

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Name of law Law amending and supplementing the law on protection of persons endangered in relation to criminal proceedings the name of Bill a bill amending and supplementing the law on protection of persons endangered in relation to criminal proceedings date of acceptance 26/02/2014 number/year Official Gazette 21/2014 Decree No 38

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 the law on protection of persons endangered in relation to criminal proceedings, adopted by the National Assembly of HLIÌ 26 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 the law on protection of persons endangered in relation to criminal proceedings (official SG. 103 of 2004; amend. 82/2006, no. 33 and 66 from 2008 and 82/2009.)

§ 1. In art. 4, the words "in chapter one, chapter two, chapter six – art. 242, para. 2, 3 and 4, chapter eight – section IV, chapter eleven – art. 330, 333, 353-354, and in the fourteenth chapter of the Penal Code "are deleted.

§ 2. In art. 9 the words "another address different from its permanent place of residence ' shall be replaced by" other location other than his normal place of residence ".

§ 3. In art. 13 make the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

(1) protection shall be carried out by the Bureau for protection in the Attorney General. "

2. Create a new para. 2, 3 and 4:

(2) Control on the operation of the protection is carried out by the Council for the protection of endangered persons, hereinafter referred to as the "Council of Defense".

(3) the funds for the implementation of the Programme for the protection frame shall be provided from the budget of the judiciary.

(4) the means for carrying out the activities of the Security Council are provided from the budget of the judiciary. "

§ 4. Article 13A shall be replaced by the following:

"Art. 13. (1) the Council consists of protection: the Minister of Justice, Minister of Interior, the Member representing the Supreme Judicial Council, the President of the Supreme Court, the Attorney General and the Chairman of the State Agency for national security.

(2) the Council for protection:

1. examine the written statements of the Attorney General on the implementation of the programme for protection;

2. consider proposals for inclusion in the witness protection program in the cases provided for in the law.

(3) the meetings of the Security Council chaired by the Minister of Justice.

(4) in the cases referred to in para. 2, item 1, the Council for defense held meetings every three months.

(5) in the cases referred to in para. 2, item 2, the Council for defense held within three days of receipt of the proposal. In the absence or inability of the participation of some of the members he is represented by an authorised his Deputy.

(6) the decisions of the Security Council shall be taken by a majority of more than half of the members present and are final.

(7) the Board shall adopt rules for the protection work.

(8) the members of the Security Council cannot disclose information which has come to their knowledge in connection with the implementation of the programme for protection. "

§ 5. In art. 14 the following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) the protection is a separate organizational structure under the Attorney General. The Attorney General shall appoint the Director of the Bureau for protection. "

2. in the Al. 2 the words "Security Council" shall be deleted.

3. a new paragraph. 3:

"(3) in addition to his duties in the implementation of the programme for the protection of privacy:

1. organizes and carries out the personal physical security of protected witnesses, their ascendants, descendants, siblings, spouse or persons with whom they are in a particularly close relationship, under the conditions and pursuant to the code of criminal procedure;

2. bring forced persons to a jurisdiction where it is ordered by the Attorney General or Deputy authorized by him;

3. protect and ensure implementation of the actions under investigation when it was ordered by the Attorney General or Deputy authorized by him;

4. obtain from the Ministry of the Interior and the State Agency for national security information relating to the performance of its functions; the type of information and the procedure for its submission shall be settled in the joint statement of the Attorney General, the Minister of Interior and Chairman of the State Agency for national security. "

4. the Previous para. 3, 4 and 5 shall become, respectively, al. 4, 5 and 6.

5. The current paragraph. 6 it al. 7 and shall be amended as follows:

"(7) the Security Bureau shall report every 6 months in front of the Supreme Judicial Council to spent money on the application for protection – total and for each particular case."

6. the Previous para. 7 and 8 are hereby repealed.

§ 6. In chapter two, section II, to create art. 14 c-14 is:

"Art. 14. The structure and rules for the operation of the protection are regulated by the Attorney General in consultation with the Supreme Judicial Council.

Art. 14. in the exercise of its powers of protection Bureau employees are obliged to respect the dignity of the citizens and their rights and legitimate interests.


Art. 4E. (1) the officers of the Bureau for protection in the exercise of their duties, have the rights and obligations under art. 55, para. 1, 2, 4, 5 and 6, art. 56, 57, 61, art. 63 – 68, art. 69 – in the cases under art. 61, para. 1, item 1, 4 and 5, art. 72, 73, art. 74, para. 1, 2 and 5 and art. 89 of the law on the Ministry of the Interior and in Decree No. 904 to combat small hooliganism (official SG. 102 of 1963; amend., 36/1979, no. 38 of 1998, no. 96 of 2004 No. 27 of 2009; Decision No. 3 of the Constitutional Court of the Republic of Bulgaria – No. 38 by 2011; amend., SG. 93 from 2011).

(2) in respect of the officers of the Bureau of protection shall be subject to the provisions of part three, chapters 15th – 20th of the law on the Ministry of the Interior.

Art. 14. Citizens and officials are obliged to provide assistance to the officers of the Bureau of protection in carrying out their duties, including to provide them with information and documents for the protection of the State, business and trade secrets and personal information. "

§ 7. In art. 15 the following modifications are made:

1. In paragraph 8. 1 the words "Security Council" shall be replaced by the "Attorney General".

2. Paragraph 4 is replaced by the following:

"(4) when not to pronounce officially, District Attorney or judge-rapporteur examine the request immediately after receiving it and submits a reasoned proposal to the Attorney General for inclusion in the witness protection program, or refuses to submit a proposal."

§ 8. Article 17 is amended as follows:

"Art. 17. (1) at the request of the Attorney General, the Director of the Security Bureau shall, without delay, his opinion on the extent of the threat to the person to whom it refers the proposal to the District Attorney's Office or to the judge-rapporteur.

(2) the Attorney General shall assess whether the testimony, explanations or information on the exposed person are essential for criminal proceedings, as well as the objectivity and the extent of the threat, and when it finds that:

1. the conditions laid down in this Act, shall immediately issue an order for the grant of protection, which sends for the implementation of the protection;

2. There are no conditions laid down in this law, issued an injunction that prevents the grant of protection, on the proposal of the District Attorney's Office;

3. There are no conditions laid down in this law for the grant of protection, on a proposal from the judge-rapporteur, shall send immediately to the Security Council on the proposal with a written statement on it for examination by the procedure of art. 13 (a), para. 5.

(3) in the cases referred to in para. 2, item 3, the Council for the protection of its decision provides protection, or does not allow the provision of protection.

(4) the order of the Attorney General or the decision of the Security Council shall be notified to the authority, bring, through the Bureau for protection. "

§ 9. In art. 17 and the following modifications are made:

1. In paragraph 8. 1 the word "head" is replaced by "the Director".

2. Paragraphs 2 and 3 shall be read with the following adaptations:

"(2) in the cases referred to in para. 1 the Director of the Security Bureau shall immediately notify the Chief Prosecutor for the change or of the measures taken.

(3) where the Attorney General does not endorse the implementation of measures taken pursuant to para. 1, he ordered the termination of the action. "

§ 10. In art. Al 18. 1 shall be amended as follows:

(1) within three days from the date of the order of the Attorney General under art. 17, al. 2, paragraph 1 or the date of the decision of the Council for the protection of art. 17, al. 3, which provides protection, the Protection Bureau conclude a written agreement to protect the exposed person or with a guardian or custodian if it is incapacitated. "

§ 11. In art. 19, para. 1, paragraph 1, after the words "the number of the" insert "the order of the Attorney General or".

§ 12. In art. 20 the words "Security Council decision" is replaced by "disposition of the Attorney General".

§ 13. In art. 21, the words "Security Council" shall be replaced by the "Attorney General".

§ 14. In art. 22 the words "Security Council" shall be replaced by the "Attorney General".

§ 15. Article 23 shall be amended as follows:

"Art. 23. The Attorney General shall act on the proposal of the Bureau on the protection of the District Attorney's Office or to the judge-rapporteur, or at the request of the protected person for the termination of the program for the protection of an injunction for cessation, that is final. "

§ 16. In art. 27, al. 2 the words "the head of the Bureau of protection" shall be replaced by the "Attorney General" and the words "which shall immediately convene a meeting of the Council on the examination of the case" shall be deleted.

Transitional and final provisions

§ 17. With the entry into force of this law the Department in the Directorate General "security" to the Ministry of Justice was transformed into the Office of the Attorney General protection.

§ 18. Tangible assets used by the specialised Department ' Bureau of protection "in the Directorate-General" security "to the Ministry of Justice, shall be made available to the Prosecutor's Office of the Republic of Bulgaria.

§ 19. (1) service of the civil servants by the specialised Department ' Bureau of protection "in the Directorate-General" security "to the Ministry of Justice will go into business relationships with the Prosecutor's Office of the Republic of Bulgaria.

(2) the employment of the staff of the specialised Department ' Bureau of protection "in the Directorate-General" security "to the Ministry of Justice of Republic Prosecutor's Office pass Bulgaria pursuant to art. 123 of the labour code.

(3) the persons referred to in para. 1 and 2 pass to the Prosecutor of the Republic of Bulgaria without a time limit for the test, except for employees who are due for testing.

§ 20. Within two months of the entry into force of this Act, the Attorney General, in consultation with the Supreme Judicial Council, lays down the rules for the structure and activities of the Bureau for protection.


§ 21. Within two months of the entry into force of this law the Council of Ministers sets in accordance with it the regulation for implementation of the law.

§ 22. 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 from 2012 and St. 17, 52, 70, and 71 by 2013) make the following changes and additions:

1. In art. 71:

a) a new para. 5:

"(5) Forcible bringing is done also by the officials of the Security Bureau in the Attorney General under the conditions provided for by law.";

(b)) the previous para. 5, 6 and 7 shall become al. 6, 7 and 8.

2. In art. 123, para. 2 paragraph 1 shall be replaced by the following:

"1. the provision of personal physical security by:

(a)) the authorities of the Ministry of the Interior;

(b) the officers of the Bureau) protection in the Attorney General – if necessary, in cases where this is explicitly assigned by the Attorney General under para. 1. "

3. In art. 219, para. 6 the words "para. 3 – 7 ' shall be replaced by "para. 3-8.

§ 23. 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 and St. 15, 17, 30, 52, 66, 70 and 71 of 2013) in art. 138.6 t is created:

"6. to manage the protection under the law for the protection of persons endangered in relation to criminal proceedings, and assume the powers of the employer for employees in it."

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

The law was adopted by the 42nd National Assembly on 26 February 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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