Name of law Law amending the Customs Act Name of Bill a bill amending the Customs Act of acceptance Date 06/10/2011 number/year 2011 Official Gazette Decree No 82/217

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 Customs Act adopted by the National Assembly of the HLI 6 October 2011.

Issued in Sofia on October 17, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending the Customs Act (promulgated, SG. 15 of 1998; amend., SG. 89 and 153 of 1998 and 30/83 of 1999, no. 63 of 2000, 110/2001, no. 76 from 2002, no. 37 and 95 of 2003 No. 38 of 2004, no. 45, 86, 91 and 105 by 2005. , PC. 30 and 105, 2006, issue. 59 and 109 from 2007, PCs. 28, 43 and 106 since 2008, PCs. 12, 32, 42, 44 and 95 of 2009 and PCs. 54, 55, and 73 94 by 2010.)

§ 1. In art. 10, para. 10 the words "one-sided" and "without notice" shall be deleted.

§ 2. Art is created. 10A:

"Art. 10. (1) an investigative customs inspector is a customs officer with higher legal education, who is not a defendant, on trial or convicted of an indictable offence intentionally.

(2) Investigating customs inspector carried out an investigation in the case, under the conditions and pursuant to the code of criminal procedure.

(3) The investigating Customs officers can be assigned other activities apart from the investigation of crime.

(4) in the exercise of their powers, investigative customs inspector shall decide on the internal conviction based on an objective, comprehensive and thorough investigation of all the circumstances of the case, guided by law.

(5) the heads of my superiors do not have the right to give directions for the conduct of the investigation and actions for the establishment of the written opinion, as well as in any other way to intervene in the investigation. "

§ 3. In art. 14, para. 1 creating a 12:12. the proceeds received from the disposal of forfeited and abandoned in favor of the goods by the procedure of art. 106, 107, and in art. 107, para. 2, art. 107 h, para. 3, item 3 and art. 124, para. 1, 2 and 3 of the law on excise duties and tax warehouses, after deduction of the costs incurred in the storage and disposal of these goods costs. "

§ 4. In art. 15 is made the following changes and additions:

1. In paragraph 8. 2:

a) in item 5, the words "and investigation" shall be deleted;

(b) that is created) 13:

13. carry out an investigation or individual actions in the investigation of crimes in the case, under the conditions and pursuant to the code of criminal procedure. "

2. Paragraph 3 shall be amended as follows:

"(3) the conditions and procedures for cooperation between the Customs authorities and the authorities of the Ministry of the Interior, as well as with the authorities of the State Agency for national security" for the prevention, detection and investigation of violations and offences are governed by the joint instructions of the Minister of finance, Minister of Interior and Chairman of the Agency. "

§ 5. In art. 16 is hereby amended as follows:

1. In paragraph 8. 5, the words "law on excise duties ' shall be replaced by ' the law on excise duties and tax warehouses.

2. Paragraph 7 shall be amended as follows:

(7) when carrying out checks within the subsequent control or in the course of the customs intelligence, when it impairs their conduct or where there are data for the concealment of facts and circumstances which are relevant to this case, the Customs authorities may carry out searches and seizures pursuant to the code of criminal procedure. "

§ 6. Create art. 16A and 16B: "art. 16. (1) the Customs authorities may detain a person for which there is evidence of having committed a crime under art. 234, 242, 242, 251, 255 and 256 of the Penal Code and there is a real danger to abscond or commit a crime.

(2) any person arrested shall issue a detention order by the customs authority, restricted the right to free movement.

(3) A detainee may not be restricted by other rights besides the right of free movement. The term of detention cannot be longer than 24 hours. The detainees are released immediately after the dropping of the grounds for detention, but not later than the 24-hour period.

(4) when the person arrested is not fluent in Bulgarian language, it shall be informed immediately of the reasons for his detention in plain language.

(5) from the time of detention the person has the right to a defender.

(6) the detainee has the right to appeal to the Court the legality of detention pursuant to the administrative code. The Court shall decide on the appeal immediately.

(7) For the detention the customs authority shall immediately notify the person designated by the detainee.

(8) the Customs authorities may check personal belongings and to carry out a search of the detainee. A search can be carried out only by a person who belongs to the gender of the obiskiraniâ.

(9) where necessary, the person arrested in separate places in the structures of the Ministry of the Interior, issued a written order.

Art. 16B. (1) upon detention of a person who does not obey or resist, the Customs authorities after the warning may use physical force and auxiliary means-handcuffs, where it is not possible to carry out his duties in another way.

(2) when using physical force and auxiliary means the Customs authorities are obliged to protect the life and health of persons, against which they are directed.


(3) the use of physical force and auxiliary equipment shall be suspended immediately after achieving the purpose of the measure.

(4) the detailed rules for the application of the provisions on the detention of a person shall be governed by the Customs authorities in the instructions under art. 15, para. 3. "

§ 7. In art. 19, para. 4 creating a second sentence: "prior to the issuance of the decision, the Customs authorities shall communicate to the person the reasons on which the decision will be based, and provide him with the opportunity to express an opinion within a specified period of time."

§ 8. In art. 84 l al. 5 is repealed.

§ 9. In § 1 of the supplementary provision the following amendments and additions:

1. In paragraph 9 the end there shall be added "or activity under investigation under the code of criminal procedure".

2. In paragraph 31, after the words "foreign exchange violations" a comma and the words "crimes" are replaced by "contravene excise duty legislation violations and crimes in the cases provided for in art. 194, para. 2 of the code of criminal procedure ".

Final provisions

§ 10. The law on excise duties and tax warehouses (promulgated, SG. 91 of 2005; amend., SG. 105 by 2005, issue 30, 34, 63, 80, 81, 105 and 108 of 2006, issue 31, 53, 108 and 109 from the 2007 No. 36 and 106 since 2008, issue 6, 24, 44 and 95 of 2009, 55/94 and by 2010 and 19 and 35 from 2011) following amendments and supplements shall be made :

1. In art. 103 a, para. 4, the words "under para. 3 "shall be replaced by" by the means of measurement and control in al. 1. "

2. In art. 128 establishes al. 3:

"(3) in the case of violation of art. 123, para. 1, 2 and 6 instruments for the identification of violations can be compiled from police authorities in the Ministry of the Interior, as the penal provisions shall be issued by the Director of the customs agency or authorized by officials. "

§ 11. 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 and 1/23, 32 and 45 from 2011) make the following amendments and additions:

1. In art. 141 para. 4 shall be amended as follows:

"(4) the procedure for providing information on the investigations carried out by the investigators and investigative customs inspectors, shall be determined by joint instructions of the Attorney General, the Minister of the Interior and the Minister of finance."

2. In art. 164, para. 8, after the words "Ministry of Interior" the Union "or" is replaced by a comma and add "or an investigative customs inspector in the Customs Agency.

§ 12. In the law on private enforcement agents (promulgated, SG. 43 from 2005; amend., no. 39, 2006, no. 31, 59 and 64 of 2007 No. 69 since 2008 and 97/2010) in art. 5, al. 2, after the words "Ministry of Interior" the words "or is" shall be replaced by a comma and add "or an investigative customs inspector in the Customs Agency.

§ 13. In the Bar Act (promulgated, SG. 55/04; amend. and 43/79 since 2005, issue 10, 39 and 2006 105.59/2007, no. 69 of 2008 and 53/101 and from 2010) make the following amendments and additions:

1. In art. 5, al. 2, item 4, after the word "counsel" and "Union" is replaced by a comma and after the words "higher legal education" is added "and an investigative customs inspector".

2. In art. 30, para. 1, after the words "the investigating officer" a comma and add "investigating customs inspector".

3. § 1, item 1 of the additional provisions, after the words "Ministry of Interior" the words "or is" shall be replaced by a comma and add "or an investigative customs inspector in the Customs Agency.

§ 14. In the law on notaries public and notarial activity (official GAZETTE, no. 104 of 1996; amend., SG. 117, 118 and 123 of 1997 No. 24 of 1998, no. 69 (1999), no. 18 of 2003, no. 29 and 36 in 2004, no. 19 and 43 from 2005, issue 30, 39 and 41 of 2006, no. 59 and 64 since 2007. , PC. 50 and 69 by 2008, PCs. 42, 47 and 82 from 2009, PCs. 87 by 2010 and PC. 32 and 41 by 2011.) in art. 8, al. 2, after the words "Ministry of Interior" the words "or is" shall be replaced by a comma and add "or an investigative customs inspector in the Customs Agency.

§ 15. The legal aid Act (official SG. 79 since 2005; amend., 105/2005, no. 17 and 30 of 2006, no. 42/2009, issue 32, 97 and 99 by 2010 and issue 9 of 2011) make the following additions:

1. In art. 21, item 4 Finally adds "and in art. 16 (a) of the Customs Act.

2. In art. 28, para. 2, after the words "Ministry of Interior" there shall be added "and in art. 16 (a) of the Customs Act.

§ 16. The law shall enter into force on 1 January 2012, except for § 10 paragraph 1, which shall enter into force from the day of promulgation of the law in the Official Gazette.

The law was passed by the National Assembly 41-Otto on 6 October 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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