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 WALL of the criminal procedure code date of acceptance 10/11/2011 number/year Official Gazette 93/2011 Decree No 230

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 the National Assembly of the HLI 10 November 2011.

Issued in Sofia on 23 November 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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, 13/33, 60 and 61 by 2011.)

§ 1. In art. 28 is made the following changes and additions:

1. a new paragraph. 4:

"(4) in proceedings under chapter 33 the Supreme Court meets in the composition of three judges, and the decisions referred to in art. 354, para. 2, item 2, and para. 5 – a panel of five judges. "

2. The current paragraph. 4 it al. 5.

§ 2. In art. 52, para. 1 the following endorsements are added:

1. In paragraph 2, finally a comma and add "and employees of the Customs Agency, appointed to the post," an investigative customs inspector ".

2. In paragraph 3, after the words "Ministry of Interior" there shall be added "and the Customs authorities at the Customs Agency.

§ 3. In art. 71, para. 4, the words "as an investigative body" shall be replaced by the words "or from an investigative customs inspector".

§ 4. In art. 118, para. 1, item 3 the Union "or" is replaced by a comma and after the words "military police" or "be added to the Customs Agency.

§ 5. In art. 194 the following endorsements are added:

1. In paragraph 8. 1 2 Finally a comma and add "as well as by officers of the Customs Agency in their capacity as investigative bodies".

2. in the Al. 2 Finally a comma and add "and for offences under art. 234, 242, 244 and 251 of the criminal code – and by Customs investigators, inspectors unless the crime was an employee of the national Customs Agency.

3. a para. 4:

"(4) the Customs authorities may carry out actions under art. 212, para. 2 in the case of crimes under art. 234, 242, 244 and 251 of the criminal code, as well as action on the investigation entrusted to them by a Prosecutor, investigator or investigative customs inspector. "

§ 6. In art. 196, para. 1, item 6, the Union "or" is replaced by a comma and after the words "national security" or "be added to the Customs Agency.

§ 7. In art. 215, para. 1 and 2, after the words "Ministry of Interior" a comma and add "of the State Agency for national security or the Customs Agency.

§ 8. In art. 245, para. 1 the first sentence of the Union "or" is replaced by a comma and after the words "national security" or "be added to the Customs Agency.

§ 9. In art. 327 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) the admission of the evidence will be decided in closed session, and when the Court finds it necessary – in the razporeditelno session with summoning the parties. "

2. Paragraph 5 shall be repealed.

§ 10. In art. 335 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) where there are repeated the terms of para. 2, v″zzivniât Court returns the case for further consideration, and it decided on its merits. "

2. The current paragraph. 3 it al. 4.

§ 11. In art. 354 establishes al. 5:

"(5) If you cancel or re-protestirana avoids conviction or adjudication, the cassation instance returns for his final lawsuit settlement essentially only appeals. When a complaint or protest against the verdict or ruling of the appeals the Supreme Court decided the case without it back for further consideration, and the powers of appeals. "

§ 12. In art. 381, para. 8 the words "applied art. 23 and 25 "is replaced by" applied only to art. 23. "

§ 13. In art. 411 in, al. 2, after the word "prosecution" and "Union" is replaced by a comma and add "and investigating customs inspectors designated by order of the Minister of Finance upon proposal of the Director of the Customs Agency.

§ 14. In art. 420, para. 1, after the words "military prosecutor" added, "the head of the Prosecutor's Office" and a comma.

§ 15. In art. 422, para. 1 is hereby amended as follows:

1. In paragraph 2, the comma after the word "Prosecutor" shall be deleted and the words "an investigator or investigative officer" shall be replaced by the words "or investigative body."

2. point 5 shall be replaced by the following:

"5. admitted significant violations of art. 348, para. 1, item 1 – 3 of the legal acts referred to in art. 354, para. 2, item 2, and para. 5, as well as on sentences, decisions and resolutions, unverified by order of cassation complaint or protest to the party in whose interest it is proposed the repeal. "

§ 16. In art. 423. 1 the second sentence shall be replaced by the following: "the claim be upheld unless the convict after bringing the charges in pre-trial proceedings is concealed, which is why the procedure under art. 254, para. 4 cannot be performed or after it is completed, did not appear at the hearing without good reason. "

Transitional and final provisions

§ 17. Customer's open pre-trial proceedings shall be interrupted by the authorities that are pending.

§ 18. Paragraphs 2, 3, 4, 5, 6, 7, 8, 13, 14, 15, § 1 and § 17 shall enter into force on 1 January 2012.

The law was adopted by 41-Otto National Assembly on 10 November 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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