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 21/04/2010 number/year Official Gazette 32/2010 Decree No 95

On the grounds of art. 101, para. 3 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 25 March 2010, readmitted on 21 April 2010.

Issued in Sofia on April 23, 2010.

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 and no. 15 of 2010.)

§ 1. In art. 24, para. 1 is hereby amended as follows:

1. point 1 shall be amended as follows:

"1. the Act was not committed or does not constitute a crime".

2. Point 11 is repealed.

§ 2. In art. 37 para. 1 shall be amended as follows:

(1) Cases for crimes committed abroad are dealt with:

1. Sofia courts, if the person is a foreigner or the crime was committed in complicity with a foreigner;

2. the Court of the domicile of the person, if it is a Bulgarian citizen, or accomplices are Bulgarian citizens with domicile in the same court;

3. the Court, in the area of which is complete pre-trial, when there are no conditions set out in paragraphs 1 and 2. "

§ 3. In art. 49, para. 1 the words "art. 24, para. 1, item 1 – 8, 10 and 11 "shall be replaced by" art. 24, para. 1, item 1-8 and 10.

§ 4. In art. 52, para. 1 item 3 is created:

"3. the police authorities in the Ministry of the Interior – in the cases provided for in this code."

§ 5. In art. 55 Al is created. 3:

"(3) where the accused is not proficient in Bulgarian language, its translation is provided in order to attract the culprit, the definitions of the Court to impose a detention order, of the indictment, the sentence imposed and the decision of appeals in plain language."

§ 6. In art. 56, para. 2 the words "item 2 and 3 ' shall be replaced by" paragraph 2 – 4.

§ 7. In art. 75 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "in this" code "is added to make requests, comments and objections".

2. a new paragraph. 2:

"(2) the body which initiated pre-trial proceedings, shall without delay notify the victim if he has indicated address for service in the country."

3. The current paragraph. 2 it al. 3 and after the word "address" insert "to summon".

§ 8. In art. 94 following amendments and supplements shall be made:

1. In paragraph 8. 1 point 7 shall be repealed.

2. Paragraph 4 is replaced by the following:

"(4) except in the cases referred to in paragraph 1. 1 in cases of serious crimes the Prosecutor or court under the law on mutual legal assistance of the accused may appoint a reserve Defender, regardless of authorization of a defender when it is of the utmost importance for the conduct of criminal proceedings within a reasonable time. "

3. Al are created. 5 and 6:

"(5) in the cases referred to in para. 1 appointed Defender continues his involvement in criminal proceedings as a backup quarterback, when the defendant, authorize any other quarterback or waive quarterback, if the conditions are met under para. 4.

(6) the backup quarterback was introduced to the case, make the necessary statements and be present at the conduct of procedural actions with the participation of the accused. Other rights under art. 99, para. 1 exercise at the request or with the consent of the defendant, and without such consent – when protection is required and authorized defense attorney duly summoned, does not appear in without a good cause. "

§ 9. In art. 118, para. 1, paragraph 3, the words "and related searches and seizures" are replaced by "view, search and seizure, re-enactment and recognition of faces and objects".

§ 10. In art. 120 the following modifications are made:

1. In paragraph 8. 3 the word "hundred" is replaced by "three hundred".

2. in the Al. 4, the words ' to 500 ' is replaced by ' up to a thousand. "

§ 11. Art is created. 123: "protection of the undercover officer in the criminal process

Art. 123. (1) an undercover Officer cannot be questioned as a witness, when there are sufficient grounds to suppose that as a result of testifying may arise a real danger for the life or health of the employee, his/her ascendants, descendants, siblings, spouse or persons with which is located in a particularly close relationship, and if this is an obstacle to the performance of its functions.

(2) the head of the structure, which provides and applies the investigation by undercover officer or authorized person determines the possibility of danger under para. 1 and notify the supervising Attorney and the Court.

(3) the data on the identity of the undercover officer may be submitted to the supervising Attorney and the Court after a reasoned written request to the authority under art. 175, para. 2, which gives a written order to identify only if there is no danger to arise under paragraph 1. 1.

(4) the authorities of the pre-trial proceedings and the Court shall take all possible measures to preserve the confidentiality of the identity of an undercover officer ".

§ 12. Article 124 shall be replaced by the following:

"The probative value of the testimony given by a witness with a secret identity and undercover officer

Art. 124. The indictment and the verdict cannot be based only on the testimony of witnesses, given by the order of art. 141 or 141 (a). "

§ 13. In art. 127 Finally, comma and added "including reports and attached documents concerning investigations by the European anti-fraud Office".


§ 14. In art. 139 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "under art. 123, para. 2, paragraph 2 "shall be replaced by" referred to in art. 141 and 142.

2. in the Al. 7, the words "and subject to the provisions of an international treaty in which the Republic of Bulgaria is a party" shall be deleted.

3. Al are created. 8 and 9:

(8) the Interrogation of a witness, located in the country, through video conference or telephone conference may take place in court proceedings and in pre-trial – under the conditions and by the procedure of art. 223. (9) in the cases referred to in para. 8 the interrogation shall be conducted in accordance with the provisions of this code, as the witness's identity shall be verified by a judge of the Court of first instance in the location of the witness. "

§ 15. In art. 141 following amendments and supplements shall be made:

1. In paragraph 8. the words "outside the country" shall be deleted.

2. Paragraph 3 shall be amended as follows:

"(3) Questioning by the procedure of art. 139, para. 8 the witness with a secret identity takes place in a changed voice, and through video conferencing – and when you changed the image of the witness. Before the beginning of the questioning, judge of the Court of first instance in which the witness certifies that the person is the same person who has an identification number under art. 123, para. 4, item 6. "

3. a para. 4:

"(4) paragraphs 1-3 shall apply accordingly in the interrogation of persons in respect of whom the security measure was taken under art. 6, al. 1, item 3, 4 and 5 of the law on protection of persons endangered in relation to criminal proceedings. "

§ 16. Art is created. 141:

"Questioning of the undercover officer as a witness

Art. 141. (1) the examination of an undercover officer as a witness shall be carried out by the procedure of art. 139, para. 8 by changing the voice, in a videoconference, and the image – razpitvaniâ undercover officer.

(2) before the beginning of the interrogation, the head of the structure, which provides and applies the investigation by undercover officer or authorized person testified that person is the same person who has an identification number under art. 174, para. 5.

(3) The Protocol on the questioning shall apply the request for use of the undercover officer and the provisions under art. 174, para. 5 and art. 175, para. 2. "

§ 17. In art. 149 the following modifications are made:

1. In paragraph 8. 3 the word ' five ' is replaced by ' seven '.

2. in the Al. 5 the word "hundred" is replaced by "five hundred".

§ 18. In art. 159 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the authorities of the pre-trial proceedings or the Court may request the Director of the European anti-fraud Office to provide them with the reports and attached documents concerning investigations conducted by the Office."

§ 19. In art. 173 al. 3 shall be replaced by the following: "(3) where the request is for an investigation by an undercover officer, the head of the structure, which provides it and apply, or authorised by him/her shall submit to the authority under art. 174, para. 1 and 2 written statement from the employee that is familiar with their duties and tasks in a specific investigation. The Declaration shall be kept by the authority under art. 174, para. 1 and 2 and in her instead of data about the identity of the employee shall indicate his personal identification number allocated by the structure that provides and applies the investigation by undercover officer. "

§ 20. In art. 174 para. 5 shall be replaced by the following: "(5) the order for investigation by undercover officer contains the offense for which the investigation is permitted, and the identification number of the employee specified by the authority under para. 1 and 2. "

§ 21. In art. 176 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 the word "provide" shall be replaced by "send".

2. a para. 2:

"(2) in the cases under art. 177, para. 3 where it is necessary for the purposes of criminal proceedings, with the use of special intelligence means the Prosecutor requested the authorisation may provide material evidence to draw in more than two copies. Within 24 hours of preparation of the material means of proof sealed copy shall be sent to the Court, gave permission and the remaining copies shall be forwarded to the Prosecutor for the application to the relevant criminal proceedings. "

§ 22. In art. 177 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "intelligence agents" placed the end point, and the text is deleted.

2. a para. 3:

"(3) to demonstrate the serious intentional crime under art. 172, para. 2 can be used and the data obtained in the application of special intelligence means in other criminal proceedings or at the request of the authority under art. 13, para. 1 of the law on special intelligence means. "

§ 23. In art. 178 following amendments and supplements shall be made:

1. In paragraph 8. 8 the third sentence shall be deleted.

2. in the Al. 9 Finally, comma and added "and under art. 141 a – by the head of the structure, which provides and applies the investigation by undercover officer or by a person authorised by him ".

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

1. In paragraph 8. 1 item 4 is created:

"4. with factual and legal complexity, entrusted to them by the administrative head of the District Attorney's Office."

2. a para. 3:

"(3) the police authorities in the Ministry of the Interior may carry out actions under art. 212, para. 2, as well as action on the investigation entrusted to them by a Prosecutor, investigator or investigative officer. "

§ 25. Article 194 (a) is repealed.

§ 26. In art. 203 al. 3 shall be replaced by the following: "(3) in the event of a change in jurisdiction and in other cases when an investigative body under art. 52, para. 1 be replaced with another, the underlying investigation actions and other procedural actions shall retain its legal value. "


§ 27. In art. 206 finally a comma and add "item 1, 2 and 4.

§ 28. In art. 212 al. 2 shall be amended as follows:

"(2) the pre-trial proceedings is considered to be formed with the drawing up of the Protocol for the first action in the investigation is carried out, including inspection, search and seizure and examination of witnesses, if immediate execution is the only option for the collection and preservation of evidence and when a search is carried out under the conditions and by the procedure of art. 164. "

§ 29. In art. 214, para. 1 Finally, the words "that it has drawn up" are replaced by "to investigate".

§ 30. In art. 215, para. 2 the word "enough" is deleted.

§ 31. In art. 219 following amendments and supplements shall be made:

1. In paragraph 8. 2 the word "Act" is replaced by "Protocol".

2. Paragraphs 5 and 6 shall be read with the following adaptations:

"(5) in addition to the circumstances under art. 179, para. 1 shall be entered in the summons specific actions for calling the person, his or her right to appear with counsel and the opportunity to be appointed defender in the cases under art. 94, para. 1, and the possibility of forced bringing in default without valid reasons. The summons shall be served not later than three days before bringing charges.

(6) where the defendant was duly summoned and fails to appear without good cause, bring forced by the procedure of art. 71, para. 3-7. "

3. a new paragraph. 7:

"(7) where the defendant appeared without authorized Defender or be forcibly brought, the investigating authority shall carry out the actions for which the defendant is called upon, as in the cases under art. 94, para. 1 appoint him protector. "

4. The current paragraph. 7 it al. 8 and in her words "under para. 1-6 "shall be replaced by" under para. 1-7 ".

§ 32. In art. 227 the following modifications are made:

1. Paragraphs 2 to 5 shall be amended as:

"(2) the accused and his defense attorney, the victim and his confidante is calling for an investigation, if so requested.

(3) the summoning shall be made on the case addresses for service in the country, the summons shall be served not later than three days prior to the date for bringing the investigation.

(4) the investigation shall not be brought if the person is not found on the lawsuit addresses for service to the country or is summoned regularly, but has not shown good cause for the failure.

(5) where the defendant appeared without an authorized investigative body, brought his investigation, as in the cases under art. 94, para. 1 appoint him protector. "

2. Paragraph 6 is hereby repealed.

3. in the Al. 9 the second sentence is deleted.

4. Paragraph (10) is hereby repealed.

§ 33. In art. 229, para. 3 the words "parole Attorney" are replaced by "the person monitoring attorney shall act within seven days, by Decree, which is not subject to appeal.

§ 34. Articles 231-233 are hereby repealed.

§ 35. In art. 234 is hereby amended as follows:

1. Paragraphs 3 and 4 are hereby amended:

(3) at the request of the Prosecutor when the case presents a factual and legal complexity, the administrative head of the prosecution service or the Prosecutor authorized by him may extend the period referred to in paragraph 1. 1 with no more than four months. In exceptional cases this time limit may be extended by the administrative head of the Prosecutor's Office of gorestoâŝata or Prosecutor authorized by him.

(4) a Reasoned request for an extension of a time limit shall be sent before the expiry of the time limits referred to in para. 1 and 2. "

2. Paragraph 8 shall be replaced by the following:

"(8) in respect of the accused Taken coercive measures, as well as measure for the securing of the civil action, if the reason for its imposition no longer exists, shall be repealed by the Prosecutor after more than two years in the case of the attraction of violent crime and more than a year – in other cases. In these terms do not include the time during which the criminal proceedings has been suspended by the Prosecutor pursuant to art. 25. "

3. in the Al. 10 the words "subject to appeal within three days before the appellate court" shall be replaced by "which is final".

4. Paragraph 11 shall be deleted.

§ 36. Article 235 is amended as follows:

"Sending the case to the Prosecutor

Art. 235. After completion of the investigation the investigating body shall immediately send a written opinion on the case Prosecutor and applied: list of persons to be summoned to the hearing; a reference to the detention order, stating the date of arrest of the accused, if the measure was detention or house arrest; reference to the documents and physical evidence; statement of expenses and a report on the measures taken to guarantee and a reference to the placement of children in the cases under art. 63, para. 8. "

§ 37. In art. 237, para. 1 the words "art. 123, para. 2, paragraph 2 "shall be replaced by" art. 141 and 142.

§ 38. In art. 243, para. 1 item 2 shall be replaced by the following: ' 2. where it considers that the accusation has not been proven. "

§ 39. In art. 244 is hereby amended as follows:

1. In paragraph 8. 1 item 3 shall be replaced by the following:

"3. If the only witness a witness to be examined including the delegation, through video conference or telephone conference."

2. paragraph 4 is hereby repealed.

§ 40. In art. 246, para. 3 the words "and the international treaty ' shall be deleted.

§ 41. In art. 249 following amendments and supplements shall be made:

1. In paragraph 8. 2, the words "for further investigation" shall be deleted.

2. a para. 3:

"(3) in the cases referred to in para. 2 the order of the judge-rapporteur shall be subject to appeal and protest pursuant to chapter twenty-two. "

§ 42. In art. 250 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) the judge-rapporteur shall terminate the criminal proceedings:

1. in the cases under art. 24, para. 1, 2, 3, 4, 6, 7, 8, 9 and 10, and when the production opened in litigation of the victim – and, in the cases under art. 24, para. (4);


2. when the acts described in the indictment or in t″žbata, does not constitute a crime. "

2. Paragraph 3 shall be replaced by the following: "(3) a copy of the order on termination of criminal proceedings of a general nature shall be given to the Prosecutor and the accused, the victim or his successors, as well as injurious legal entity – if they are found on the following of them addresses for service in the country."

3. a new paragraph. 4:

"(4) a copy of the order on termination of criminal proceedings for a crime which is pursuing the litigation to the victim, shall be given to the private complainant and the accused."

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

§ 43. In art. 269, para. 3 make the following amendments and additions:

1. a new paragraph 3:

"3. on a regular basis is required, has not stated good reasons for his absence and is performed the procedure under art. 254, para. 4; ".

2. The current paragraph 3 becomes paragraph 4.

§ 44. In art. 271, para. 11 the word ' five ' is replaced by ' a thousand '.

§ 45. In art. 279 following amendments and supplements shall be made:

1. a new paragraph. 2:

(2) explanations of the culprit, given in the presence of a defender at the same case before the body of the pre-trial proceedings shall be read subject to the conditions laid down in para. 1, item 3 and 4, and when the defendant is a – and under the conditions laid down in para. 1, item 2. "

2. Al are created. 3 and 4:

"(3) where the explanations given in the presence of a defender at the same case before the body of the pre-trial proceedings, refer to the accusation of another defendant, reading them under the conditions laid down in para. 1, item 1 and 2 is permissible only with the consent of the defendant. Before obtaining the consent of the accused, the Court clarifies that read explanations may be used in rendering the verdict. For this Court sledstveno action at the request of the defendant, the Court shall appoint him protector, if there isn't one.

(4) Os″ditelnata verdict cannot be based solely on the explanations, read the meaning of para. 2 and 3. "

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

§ 46. In art. 280 following amendments and supplements shall be made:

1. In paragraph 8. 3 and 5, the words "under art. 123, para. 2, paragraph 2 "shall be replaced by" referred to in art. 141 and 142.

2. a para. 6:

"(6) A witness who was questioned in the criminal proceedings shall be questioned again only when his testimony may not be read under the conditions and by the procedure of art. 281 or the new interrogation is crucial to uncover the truth. "

§ 47. Article 281 is replaced by the following:

"The reading of the testimony of witness

Art. 281. (1) the testimony of a witness, given in the same case before the judge in pre-trial proceedings or before another Chamber of the Court are read when: 1. between them and the testimony given to the judicial inquiry has materially inconsistent;

2. the witness refuses to give evidence or claims not to remember a thing;

3. the witness, duly summoned may not appear before the Court for a prolonged or indefinite and does not need or cannot be questioned by delegation;

4. the witness could not be found, to be called upon, or has died;

5. the witness does not appear and the parties agree with that;

6. the witness is minor and in his interrogation, the accused were present and his Defender.

(2) pursuant to para. 1 can be read explanations given in the same case by the defendant, that question on the grounds of art. 118, para. 1, item 1.

(3) subject to the conditions laid down in para. 1, item 1 – 6 of the witness's testimony, given before the body of the pre-trial proceedings, are read, when in the interrogation, the accused participated and his Defender, as the authorized or appointed. When defendants are more to the reading of the testimony is necessary consent of those who have not been called for questioning or have pointed out valid reasons for absence, and read a statement relating to the charge them.

(4) where, cannot be read in the order of paragraphs 1 and 2. 3, the testimony of the witness given to the authority of the pre-trial proceedings shall be read, if the conditions are met under para. 1, item 1 or 2.

(5) subject to the conditions laid down in para. 1, item 1 – 6 of the witness's testimony, given before the trial authority, can be read with the consent of the accused and his advocate, the civil plaintiff, the private prosecutor and their poverenici.

(6) subject to the conditions laid down in para. 1, item 1 – 6 of the witness's testimony, given before the trial authority, can be read at the request of the accused or his defense attorney when it is not upheld their claim under art. 223, para. 4.

(7) in the cases referred to in para. (3) and (5) before receiving the consent of the defendant, the Court read his testimony explains that the read statement can be used in the rendering of the verdict. For this Court sledstveno action at the request of the defendant, the Court shall appoint him protector, if there isn't one.

(8) Os″ditelnata verdict cannot be based only on the testimony read by the order of al. 4.

(9) the use of the sound recording and video recording is not allowed before you read the testimony of the witness.

(10) When the witness is questioned by a delegation, presses the Protocol for questioning. "

§ 48. In art. 287 al. 1 shall be amended as follows:

"(1) the Prosecutor raises new charges when the judicial inquiry established grounds for a substantial modification of the factual part of the prosecution or the enforcement of the law more severely punishable offense."


§ 49. In art. 306, para. 1, item 3 creates the second sentence: "the Court of first instance, held the conditional imprisonment, shall decide on the application of art. 68, para. 3 of the criminal code, (a) the regional court ruled the conditional early release from serving a sentence of imprisonment – for the implementation of art. 70, para. 7, first sentence, the second proposal of the Penal Code. "

§ 50. In art. 318, para. 2 the second sentence is deleted.

§ 51. In art. 334, paragraph 4 the words "and when the Court of first instance has not exercised its powers under art. 369. 4 "are deleted.

§ 52. In art. 341. 1 after the number "436" a comma and add "art. 452, para. 1. "

§ 53. In art. 354, para. 3 in the text before paragraph 1, after the words "further consideration" is added "the first or appeals".

§ 54. Chapter twenty-sixth with art. 368 and 369 is hereby repealed.

§ 55. Article 369 (a) is repealed.

§ 56. In art. 414, para. 1 section 2 is repealed.

§ 57. In art. 419 al. 2 is repealed.

§ 58. In art. 427 the following endorsements are added:

1. In paragraph 8. 1, after the words "custodial" insert "or" probation.

2. a para. 3:

"(3) in the case of interruption of the execution of the punishment District Attorney appointed expertise to clarify the mental state of the detained person."

§ 59. In art. 428 after the words "custodial" insert "or" probation.

§ 60. In chapter thirty-five in the title of section IV finally added "or probation.

§ 61. In art. 447 following amendments and supplements shall be made:

1. In the text before paragraph 1, after the words "custodial" insert "or" probation.

2. In paragraph 1, the words "in prison or reformatory" are replaced by "during the execution of the punishment".

3. item 5 shall be inserted:

"5. in the temporary extradition of the convicted in another State and in the temporary surrender of the requested person to the European arrest warrant to the issuing Member State of the European Union – until the end of the period fixed by written agreement between the two countries."

§ 62. In art. 452 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "the Court makes an order, which can be appealed and protested within seven days of its issuance pursuant to chapter twenty one."

2. in the Al. 2 Add ", except in the cases under art. 269, para. 3. "

3. Paragraph 3 is replaced by the following:

"(3) the provisions of paragraphs 1 and 2. 1 and 2 shall apply to the imposition of other probation measure, as well as the replacement of a probation measure to another. The Court makes an order, which can be appealed and protested within seven days of its issuance pursuant to chapter twenty-two. "

§ 63. In art. Al 474. 1 shall be amended as follows:

(1) the judicial authority of another State may carry out through video conference or telephone conference questioning of a person who is a witness or an expert witness in criminal proceedings and is located in the Republic of Bulgaria, as well as questioning involving a defendant only if this is not contrary to fundamental principles of law. Questioning via video conference with participation of the defendant can be held only with his consent and after participating Bulgarian judicial authorities and judicial authorities of the other State agree how to proceed on videokonferenciâta. "

§ 64. In art. 478 is hereby amended as follows:

1. In paragraph 8. 2 in the text before point 1, the words "application for transfer of criminal proceedings from another State shall be adopted by the authority under para. 1 where: ' shall be replaced by "the authorities referred to in para. 1 immediately forwarded the request for transfer of criminal proceedings in another country of the competent authority of the criminal proceedings in accordance with the provisions of this code, and when the jurisdiction cannot be determined in accordance with the rules of art. 37 – Sofia courts. Application for transfer of criminal proceedings from another State shall be considered by the authority of the criminal proceedings, where there are a few of the following grounds: ".

2. Paragraph 3 shall be repealed.

Transitional and final provisions

§ 65. The data obtained in the application of special intelligence means until the entry into force of this law, may not be used in criminal proceedings under the conditions and by the procedure of art. 177, para. 3. § 66. (1) customer's open court proceedings under Chapter twenty-sixth completed in the previous row.

(2) the definitions of the Court under the revoked art. 369. 5 subject to inspection in accordance with chapter thirty-third and after the entry into force of this law. The verification shall be carried out pursuant to art. 422, para. 1, item 1 – 3, as well as significant procedural violations admitted rules.

§ 67. 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, 79 and 80 of 1985 PCs. 89 and 90 of 1986 PCs. 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 1995 the Constitutional Court – PCs. 97 of 1995; amend., SG. 102 of 1995, PCs. 107 of 1996, PCs. 62 and 85 of 1997; Decision No 19 of 1997 of the Constitutional Court – 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 No. 14 of 2000 of the Constitutional Court – 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 and PC. 12, 23, 27, 32, 47, 80, 93 and 102 of 2009.) art is created. 12 (b):

"Art. 12 b. is not discourage inherently harmful act committed by a person who acted as an undercover officer within specified powers under the law. "


§ 68. In the law on execution of punishments and remand detention (official SG. 25 of 2009; amend., SG. 74 and 82 of 2009) is hereby amended as follows:

1. In art. 244, para. 1 and 2, the words "final act" are replaced by "written opinion".

2. In art. 245:

(a)) in the Al. 1 the words "the final act" are replaced by "written opinion";

(b)) in the Al. 2 the words "prepared final act" are replaced by "prepared a written opinion.

§ 69. In the law on special intelligence means (promulgated, SG. 95 of 1997; amend. and Suppl., vol. 70 (1999) 49/2000, 17/2003, no. 86 of 2005 No. 45 and 82 of 2006, 109/2007, no. 43 and 109 from 2008 and no. 88, 93 and 103 of 2009) in art. 29 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) The evidence obtained by the use of special intelligence means, shall be drawn up in duplicate, either by the structure of art. 20, para. 1, which apply them, and are reflected in the Protocol, in accordance with the procedure laid down in the code of criminal procedure. Within 24 hours of preparation in a prepared copy of the means of proof and the Protocol be sent sealed the relevant authority under art. 13, para. 1 or 2 and the authority under art. 15. When it is necessary for the purposes of criminal proceedings, with the use of special intelligence means the relevant authority under art. 13, para. 2 may provide material evidence to draw in more than two copies. In these cases, within 24 hours of preparation of the material means of proof sealed copy shall be sent to the authority under art. 15 and the remaining copies shall be sent to the authority under art. 13, para. 2. "

2. in the Al. 3, paragraph 1, after the words "art. 13, para. 1 "insert" or 2 ".

§ 70. In the law to support and financial compensation to victims of crimes (SG. 105 of 2006) in art. 12, point 2 the words "art. 24, para. 1, item 1, 7, 9 and 11 "shall be replaced by" art. 24, para. 1, item 1, 7 and 9.

§ 71. The legal aid Act (official SG. 79 since 2005; amend. and Suppl., no. 105 by 2005, issue 17 and 30 of 2006 and no. 42 since 2009) is hereby amended as follows:

1. In art. 20, para. 1 and 2, the word ' inquest ' is replaced by ' Department of the Interior and the Ministry of defence ".

2. In art. 23:

(a)) in the Al. 1, after the words "defence" is added "backup quarterback";

(b)) in the Al. 2 and 3 the words "suspect" and a "viable alternative" shall be deleted.

3. In art. 28, para. 1, the words "or viable alternative suspect" shall be deleted.

§ 72. This law shall enter into force one month after its publication in the Official Gazette with the exception of the provision of § 5, which shall enter into force one year after the promulgation of the law in the Official Gazette.

The law was passed by the National Assembly 41-Otto on March 25, 2010 and April 21, 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva: