Name of law Law for recognition, execution and send the solutions to confiscation or seizure and decisions imposing financial sanctions Bill name Bill for recognition, execution and send the solutions to confiscation or seizure and decisions imposing financial penalties acceptance date 11/02/2010 number/year Official Gazette 15/2010 Decree No 32

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 for recognition, execution and send the solutions to confiscation or seizure and decisions imposing financial sanctions adopted by the National Assembly of the HLI 11 February 2010.

Issued in Sofia on February 16, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

for recognition, execution and send the solutions to confiscation or seizure and decisions imposing financial penalties

Chapter one

GENERAL

The subject of the law

Art. 1. This law governs the terms and conditions for recognition, execution and send the enforceable decisions on seizure or repossession and decisions imposing financial penalties, issued in the Member State of the European Union.

A decision on confiscation or forfeiture

Art. 2. (1) the decision on confiscation or forfeiture is an act of the court competent in criminal matters, issued in the Member State of the European Union, and led to the final withdrawal of the property.

(2) Property subject to seizure or repossession within the meaning of para. 1, is the property for which the Court in the issuing State has accepted that:

1. represents the gain from the crime or is equivalent to the full value or part of the value of the benefit;

2. a means of crime;

3. subject to confiscation or revocation as a result of the application of extended powers of confiscation in accordance with the law of the European Union in connection with condemnation of terrorism or participation in an organized criminal group, reflected in the counterfeiting of currency, money laundering, human trafficking, illegal entry, transit and residence, sexual exploitation of children and child pornography, and trafficking in narcotic drugs and psychotropic substances If the offense can get taxed for it provided for imprisonment with a maximum size of not less than 5 years, and for the purpose of money laundering-not less than 4 years, or

4. subject to confiscation or revocation in other cases provided by the law.

Decision for the imposition of financial penalties

Art. 3. (1) a decision to impose financial sanctions entered into force in the Member State of the European Union Act imposing an obligation for the payment of: 1. a fine, penalty or any other penalty imposed by the judicial or non-judicial act authority to commit a crime or an administrative offence, including monetary penalties imposed in connection with the violation of traffic rules;

2. compensation for the victim of a cation, defined in the Act;

3. the costs of judicial or administrative procedures that led to the enactment of the Act, or

4. a sum of money in favor of public fund or organization to assist victims of crime, imposed by the Act, which was issued in a Member State of the European Union, by a court competent in criminal matters, or by an administrative authority, provided that the person concerned has had an opportunity to appeal the decision of the administrative authority before a court competent in criminal matters.

(2) for the purposes of this article, shall not be subject to mutual recognition and performance acts that have a civil nature and arise from the right to claim for damages and the restoration of the status quo, and enforceable pursuant to Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Certificates

Art. 4. (1) the acts referred to in art. 2 and 3, or certified copies of them are accompanied by a certificate in a form set out in annexes 1 and 2.

(2) the certificate shall be issued, signed, and its contents shall be certified by the competent authority of the issuing State.

Languages

Art. 5. (1) the certificates referred to in art. 4 be sent, accompanied by a translation into the official language or one of the official languages of the executing State or in another official language of the institutions of the European Union, which it has adopted by a declaration deposited with the General Secretariat of the Council of the European Union.

(2) the certificate, submitted to the competent authority in the Republic of Bulgaria shall be accompanied by a translation into Bulgarian language.

Competent authorities for recognition and enforcement

Art. 6. (1) the competent authorities in the Republic of Bulgaria to recognise and provide for the implementation of the decision on confiscation or seizure and a decision imposing a financial penalty issued in another Member State of the European Union, are the district courts.

(2) the competent authority in the Republic of Bulgaria for the implementation of the Bulgarian legislation recognized by court under art. 2 and 3 is the National Revenue Agency.

(3) when the Bulgarian court or other body got the decision on confiscation or forfeiture or decision for the imposition of financial penalties, which is not competent to admit he sent it officially to the competent court and shall inform the authority in the issuing State.

Competent authority for sending


Art. 7. (1) the competent authority of dispatch solutions for seizure or repossession and decisions imposing financial penalties handed down by a court in the Republic of Bulgaria, is the district or the District Court which delivered the judgment at first instance.

(2) the competent authority to send criminal rulings handed down by the administrative authority in the Republic of Bulgaria, is the National Revenue Agency.

Central Authority

Art. 8. (1) in cases where the implementation of direct contact between the competent authorities is not possible, the administrative authority responsible for sending and receiving solutions for seizure or repossession and decisions imposing financial sanctions in the Republic of Bulgaria is the Ministry of Justice.

(2) by 31 December of each calendar year, the Bulgarian competent authorities shall notify the Ministry of Justice of the Republic of Bulgaria for the permanent difficulty or inaction by another Member State of the European Union, in relation to the recognition and enforcement of decisions on seizure or repossession and decisions imposing financial sanctions.

Correspondence

Art. 9. (1) the correspondence takes place directly between the competent authorities of the issuing and the executing State.

(2) where the issuing authority has no information for the competent authority in the executing State, it performs all the necessary consultations, including via the contact points of the European judicial network (European Judicial Network), with a view to obtaining information from the executing State.

(3) the decision on confiscation or seizure and decisions imposing financial penalties or certified copies of those documents, together with the pridruženite of translation certificates are accepted and sent by mail, e-mail, fax or by any other duly protected way, allowing the written record and authentication.

(4) the competent authority of the executing State may request that the originals of the documents obtained or certified copies of those documents, as well as authentification to obtain them by express mail.

Applicable law

Art. 10. (1) the implementation of the decisions on seizure or repossession and the decisions imposing financial sanctions in the Republic of Bulgaria shall be governed according to the Bulgarian legislation.

(2) decisions on seizure or repossession and decisions imposing financial penalties imposed in respect of legal persons shall be subject to recognition and enforcement in the Republic of Bulgaria.

Amnesty, pardon, annulment of the decisions on seizure or repossession and decisions imposing financial penalties

Art. 11. (1) the Act of amnesty or pardon may be granted by both the issuing and the executing State in accordance with their national legislation.

(2) only the issuing State may provide an act to repeal the final decision for confiscation or forfeiture or a decision imposing a financial penalty.

Alternative sanctions

Art. 12. (1) the competent authority of the executing State may impose an alternative of confiscation, forfeiture or financial penalty measure, including imprisonment or any other measure to limit the freedom of the person concerned in cases where the decision on confiscation or forfeiture or the decision imposing a financial penalty cannot be executed in whole or in part, the issuing State is explicitly stated in the certificate and that the law of the executing State, allows the imposition of alternative sanctions.

(2) the severity of the alternative sanction shall be determined in accordance with the law of the executing State may not exceed the maximum amount specified in the certificate.

Expenses

Art. 13. (1) the costs of the recognition and enforcement of decisions on seizure or repossession and decisions imposing financial sanctions on the territory of the Republic of Bulgaria as the executing State shall be borne by her.

(2) where in relation to the recognition and enforcement of a decision on confiscation or revocation, the Republic of Bulgaria has made costs considered large or excessive, it may propose to the issuing State split the cost.

Chapter two

RECOGNITION, PERFORMANCE AND SEND SOLUTIONS FOR CONFISCATION OR FORFEITURE

Section I

Arrangements for the recognition and enforcement of judgments in the Republic of Bulgaria for the seizure or repossession, handed down in another Member State of the European Union

Conditions for recognition and enforcement

Art. 14. (1) the decisions on seizure or repossession, handed down in another Member State of the European Union, shall be recognised and enforced in the Republic of Bulgaria if they relate to acts which constitute crimes for which provides for seizure and in the Bulgarian legislation, regardless of the elements of the composition under the law of the issuing State.

(2) the double criminality is not required for the following offences, if they are in the issuing State punishable by imprisonment with a maximum size of not less than three years:

1. participation in an organized criminal group;

2. terrorism;

3. trafficking in human beings;

4. sexual exploitation of children and child pornography;

5. illicit traffic in narcotic drugs and psychotropic substances;

6. illicit trafficking in weapons, ammunition and explosives;

7. corruption;

8. fraud, including that affecting the financial interests of the European Union within the meaning of the Convention for the protection of the European Communities ' financial interests of 26 July 1995;

9. the laundering of proceeds of crime;

10. the counterfeiting of currency, including the euro;


11. computer crime and computer-related crimes;

12. crimes against the environment, including illicit trafficking in endangered animal species and in endangered plant species and varieties;

13. assistance to illegal entry and residence;

14. murder, grievous bodily harm;

15. illegal trade in human organs and tissues;

16. kidnapping, illegal restraint and hostage-taking;

17. racism and xenophobia;

18. organised or armed robbery;

19. illicit trafficking in cultural objects, including antiques and works of art;

20. fraud;

21. the racketeering and extortion;

22. counterfeiting and piracy of products;

23. forgery of administrative documents and trade with them;

24. forgery of means of payment;

25. illicit trafficking in hormonal substances and other growth promoters;

26. illicit trafficking in nuclear or radioactive materials;

27. trafficking in stolen vehicles;

28. rape;

29. arson;

30. crimes under the jurisdiction of the International Criminal Court;

31. the unlawful seizure of aircraft or ships;

32. sabotage.

(3) it can not refuse enforcement of a decision for confiscation or forfeiture in connection with taxes, duties, customs or currency exchange on the grounds that Bulgarian law does not provide for the same kind of tax or fee or not governed in the same way, taxes, charges, duties or Exchange as the law of the issuing State.

(4) the Court acknowledges the decision on confiscation or forfeiture provided that assets which are the subject of the decision, is located on the territory of the Republic of Bulgaria or the person against whom the judgment was given, owns the property, income or receive's domicile or habitual residence, and for a legal person-based, business address or correspondence address, on the territory of the Republic of Bulgaria.

Jurisdiction

Art. 15. (1) the decision on confiscation or forfeiture is recognised by the regional court at the domicile or habitual residence of the person, but about the legal person-based, business address or correspondence address, on the territory of the Republic of Bulgaria.

(2) the decision on confiscation or forfeiture of a particular property or the monetary amount is recognised by the regional court in the location of the property or the source of income.

(3) if the seizure or repossession of property includes more than one property, the decision is recognised by the regional court in the location of the property with the highest tax assessment.

(4) where two or more solutions for confiscation or forfeiture provided for in respect of the same person or property are sent simultaneously to the recognition of different courts, competent to decide on all decisions is a court, who first formed the production.

(5) if it is established the domicile or habitual residence of the person and the legal person-the head office, head office or mailing address on the territory of the Republic of Bulgaria, jurisdiction is Sofia City Court's decision.

Production on the recognition

Art. 16. (1) the competent court immediately initiate proceedings and schedule the hearing within 7 days of receipt of the decision on confiscation or revocation and certificate. The court hearing the case to a panel of three judges in an open court hearing, with the participation of the Prosecutor and to the person concerned.

(2) default of a person when it is summoned regularly, is not an obstacle to the hearing.

(3) where a person could not be found to be regularly summoned, appointed him Defender.

(4) the Court meets the person concerned by the decision, and then listens to it.

(5) the Court may require, either directly by the competent authority of the issuing State additional information such as set a limit for its receipt.

(6) when you find the case for hearing, the Court clarified the Prosecutor, the person concerned and his defender and withdrew to the Conference for decision immediately.

(7) the Court shall take a decision, by which:

1. the Act recognizes and shall forward it without delay to the relevant executive authority;

2. refuse recognition or enforcement of the Act and shall terminate the proceedings;

3. the Act recognizes and delayed its implementation.

(8) if the decision on confiscation or revocation refers to the monetary amount, the Bulgarian Court defines the equivalent of the amount in Bulgarian levs at the exchange rate of the Bulgarian National Bank on the day of delivery of the decision on confiscation or seizure in the issuing State.

(9) in cases where the decision on confiscation or forfeiture is associated with a particular property, the Bulgarian Court can order confiscation or seizure in the Republic of Bulgaria, Alternatively, be carried out in the form of an obligation for the payment of a sum of money corresponding to the value of the property, if the issuing State has indicated that in the certificate.

(10) the Court may consult in every appropriate way with the competent authorities of the issuing State, before deciding not to recognize or not to allow the execution of a decision on confiscation or forfeiture pursuant to art. 19, para. 1, or restrict the implementation of such a decision in accordance with art. 19, para. 2. consultation is mandatory when the decision is based on art. 19, para. 1, item 1, 2, 5, 6 and 9 or art. 19, para. 2, and art. 19, para. 1, item 7, in the event that no notification has been made under art. 24, para. 1, item 5.


(11) the Bulgarian Court shall immediately notify the competent authority of the issuing State when the decision on confiscation or forfeiture, it is impossible to be satisfied, since the assets should be confiscated or withdrawn, has already seized or taken away, it's gone, it's been destroyed, cannot be found in the location indicated in the certificate or the location of the property was not found, even after consultation with the competent authority of the issuing State.

Deduction

Art. 17. In the event that the person concerned provides evidence for a full or partial implementation, carried out in conjunction with the decision on confiscation or forfeiture, in any Member State of the European Union, the relevant Bulgarian recognition and enforcement authority after consultation with the competent authority of the issuing State shall deduct the equivalent of the summer part of the general duty.

Multiple solutions

Art. 18. (1) the Bulgarian courts rule on:

1. two or more solutions for confiscation or seizure related to the amount of money that have been issued against the same natural or legal person, and the person concerned does not have sufficient funds in the Republic of Bulgaria, to permit the implementation of all the decisions;

2. two or more solutions for confiscation or seizure related to the same property.

(2) the decision of the Court concerning the decision under paragraph 1. 1 to be completed is taken, consider all the circumstances, including the availability of secured at the request of the issuing State assets, the severity of the offences, their location, the dates of the relevant decisions and dates of dispatch.

Grounds under which may refuse recognition and enforcement

Art. 19. (1) the Court may refuse to recognize and to allow implementation of the decision on confiscation or forfeiture if it finds that:

1. the certificate is not produced, is incomplete or obviously does not comply with the decision;

2. against the convicted person for the same Act in the Republic of Bulgaria or in another Member State other than the issuing or the executing, laid down and enforced a decision on confiscation or revocation;

3. the implementation of the decision is statute of limitations expired in the Bulgarian legislation and the decision refers to the Act of the ordinary Bulgarian Court;

4. There is an immunity or privilege under the Bulgarian legislation that make enforcement of the decision unacceptable;

5. the decision relates to acts which:

the Bulgarian legislation) are considered to be carried out in whole or in part in the territory of the Republic of Bulgaria, or

(b)) have been committed outside the territory of the issuing State and the Bulgarian law does not permit the undertaking of criminal proceedings in respect of such acts;

6. in accordance with the certificate, the person concerned did not appear in person and was not represented by a defender in the proceedings which led to the decision, unless the certificate States that the person was informed personally, or through his representative for the production in accordance with the law of the issuing State, or that the person does not dispute the decision;

7. rights of any interested party, including bona fide third person in Bulgarian legislation does not allow the execution of the decision, including where this is the consequence of the appeal under art. 20;

8. under the terms of art. 14, para. 1 the decision on confiscation or forfeiture is related to acts which do not constitute a crime, allowing confiscation or forfeiture under Bulgarian legislation;

9. the decision on confiscation or forfeiture was issued in circumstances where confiscation or seizure of property was enacted under the extended powers of confiscation under the law of the issuing State.

(2) if the decision on confiscation or revocation applies to property within the meaning of art. 2, al. 2, item 3, but falls outside the scope of the extended powers of confiscation or seizure in accordance with the law of the European Union in connection with confiscation of proceeds, instrumentalities and property crimes, the Court performs the decision, in so far as this is provided for such cases.

Proceedings before the appellate court

Art. 20. (1) any interested party, including bona fide third person may appeal the District Court for recognition of a decision on confiscation or revocation to the relevant Court of appeal within 7 days of becoming aware of the issuance. An appeal shall not have suspensive effect.

(2) V″zzivniât court hearing the case in an open court hearing, with the participation of the Prosecutor, the person concerned and his defender and the third person to participate in good faith.

(3) the decision of the Court of appeal is final.

(4) the decision on confiscation or revocation and the reasons for its issuance are subject to cancellation only by a Court of the issuing State in accordance with national legislation.

Postponement of execution

Art. 21. (1) the Court may suspend the execution of the decision on confiscation or forfeiture, where:

1. in the implementation of the decision on confiscation or forfeiture of a sum of money, there is a risk the total value exceeds the amount referred to in the decision, due to simultaneous implementation in more than one Member State of the European Union-at the request of the National Revenue Agency;

2. the implementation of the decision could harm the pending criminal proceedings-for a reasonable period of time specified by the Court;


3. needs translation decision on confiscation or forfeiture or of parts of it-for the time necessary to perform the translation, or

4. the property is already the subject of proceedings for the forfeiture or revocation in the Republic of Bulgaria-at the request of the National Revenue Agency.

(2) for the duration of the postponement, the Court shall take all precautionary and other measures to be taken in such cases, according to the Bulgarian legislation, in order to prevent the loss of property.

(3) immediately after the dropping of the reasons for the delay, the Court shall take the measures necessary for the implementation of the decision on confiscation or revocation and shall inform the competent authority of the issuing State.

Implementation of the decision

Art. 22. (1) the acknowledged pursuant to this section, a decision shall be sent to the National Revenue Agency for implementation pursuant to the law on the National Revenue Agency and tax-insurance procedure code.

(2) the National Revenue Agency shall promptly notify the Court of the action taken in implementation of the decision.

Termination of execution at the request of the issuing State

Art. 23. When notified by the competent authority of the issuing State to withdraw its decision or to another reason why its further implementation is unacceptable according to its legislation, the Bulgarian Court immediately ordered the termination of the performance.

Duty to inform

Art. 24. (1) the Court shall immediately notify the competent authority of the issuing State:

1. for the recognition and transfer of the decision on confiscation or revocation to the competent authority referred to in art. 6, al. (2);

2. any decision refusing recognition of a judgment of confiscation or seizure, together with the reasons for refusal;

3. for full or partial nepriveždane in implementation of the decision on the grounds set out in art. 10, para. 1, art. 11, para. 1, art. 17 or 18;

4. to complete the implementation of the decision;

5. for an appeal under art. 20, para. 1;

6. to postpone the implementation of art. 21 together with the reasons for it.

(2) a copy of the notification under paragraph 1. 1 and is sent to the Ministry of Justice of the Republic of Bulgaria.

Section II

Send a laid down in the Republic of Bulgaria solutions for confiscation or forfeiture for recognition and enforcement in another Member State of the European Union

Conditions for sending

Art. 25. (1) the Bulgarian court decision sends the confiscation or forfeiture of a competent authority in another Member State of the European Union on recognition and enforcement, where it finds that the location of the property that is the subject of the decision in another Member State of the European Union, or the person against whom the judgment was given, owns the property, income, receives has a domicile or habitual residence, and for a legal person-Head Office address, or mailing address in this State.

(2) the Court shall issue the certificate referred to in art. 4. Send to one or more executing States

Art. 26. (1) the Court may make a decision on confiscation or forfeiture of a particular property simultaneously to more than one executing State, when:

1. There are reasonable grounds for supposing that the various items of property covered by the decision, are located in different countries;

2. the confiscation or seizure of property, specifically covered by the decision on confiscation or forfeiture is related to actions in more than one executing State, or

3. There are reasonable grounds for supposing that the property covered by the decision on confiscation or forfeiture shall be located in one or more of the previously specified countries.

(2) the Court may make a decision on confiscation or forfeiture of a sum of money at the same time to more than one executing State, when it considers it necessary, and where:

1. the property has not been secured for the purpose of confiscation or revocation, or

2. the value of the assets may be confiscated in the Republic of Bulgaria and in each executing State may not be sufficient for the implementation of the full amount covered by the decision.

(3) in the case of dispatch of the decision on confiscation or seizure related to the amount of money to one or more executing States the total amount received from the performance may not exceed the maximum amount referred to in the decision.

Section III

Effects of recognition, execution and transfer of solutions for confiscation or forfeiture

Consequences of sending

Art. 27. (1) the sending of a decision on confiscation or revocation to one or more executing States do not restrict the right of the Republic of Bulgaria to accomplish it alone.

(2) the competent Bulgarian authority shall without delay inform the competent authority of each executing State, if:

1. considers that there is a risk that implementation may exceed the maximum amount referred to in the decision, on the basis of information received from the executing State; in this case the competent Bulgarian authority shall forthwith inform the competent authority of the executing State in case of the risk;

2. all or part of the solution was implemented in the Republic of Bulgaria or in another executing State; in this case, indicate the amount in respect of which a decision has not yet been fulfilled;

3. following the dispatch of the decision the Bulgarian competent authority receives a sum of money, which the person concerned is paid voluntarily.


(3) the competent Bulgarian authority shall forthwith inform the competent authority of the executing State to withdraw its decision or to another reason why its further implementation is unacceptable according to the Bulgarian legislation.

Disposition of the subject-matter of the decision

Art. 28. (1) unless otherwise agreed between the issuing State and the Republic of Bulgaria as the executing State, the disposal of the subject-matter of the decision on confiscation or forfeiture takes place as follows:

1. the disposal of the cash amount received from the implementation of the decision in the Republic of Bulgaria:

a) if the amount received by the implementation of the decision, is less than or equal to 10 000 euros, it remains in the Republic of Bulgaria;

b) in other cases, 50 percent of the amount is transferred from the Republic of Bulgaria of the issuing State;

2. disposal of property other than money may be made at the discretion of the competent Bulgarian authority in one of the following ways:

a) property can be sold, such as the disposal of the proceeds of the sale shall take place in accordance with paragraph 1;

(b)) the property may be transferred to the issuing State; If the decision on confiscation or revocation refers to the amount of property obtained from his performance may be transferred to the issuing State only if that State has given its consent;

c) otherwise in accordance with the Bulgarian legislation.

(2) the Republic of Bulgaria may not be obliged to sell or return specific assets, representing cultural value, forming part of its cultural heritage.

(3) where the Republic of Bulgaria is the issuing country, the way of dealing with the subject-matter of the decision on confiscation or forfeiture shall be stipulated by the executing State.

(4) the competent authorities for the conclusion of the agreements referred to in para. 1 and 3 of the Republic of Bulgaria shall be bodies under art. 6 and 7.

Recovery of amounts paid for damages

Art. 29. where the executing State in accordance with its domestic law is responsible for injury caused to one of the parties under art. 20, para. 1 of the implementation of the decision on confiscation or forfeiture, the issuing State in accordance with the arrangements provided for in the domestic legislation restores her line of the executing State, the full amount paid for the compensation of damages, unless the injury or part of it is due exclusively to the actions of a competent authority of the executing State.

Chapter three

RECOGNITION, PERFORMANCE AND SEND THE DECISIONS IMPOSING FINANCIAL PENALTIES

Section I

Terms and conditions for recognition and enforcement in the Republic of Bulgaria of decisions imposing financial penalties handed down in another Member State of the European Union

Conditions for recognition and enforcement

Art. 30. (1) the Decisions imposing financial penalties are handed down in criminal or administrative penal proceedings in a Member State of the European Union, shall be recognised and enforced in the territory of the Republic of Bulgaria if they relate to acts which constitute crimes or administrative violations and in Bulgarian legislation, regardless of the elements of the composition under the law of the issuing State.

(2) the double criminality is not required for the conduct referred to in art. 14, para. 2, item 1-32, as well as to acts which constitute one or more of the following criminal offences or administrative offences under the law of the issuing State:

1. conduct which infringes road traffic regulations, including breaches of the provisions for the duration of the management and the rest of the vehicles, as well as the provisions concerning dangerous goods;

2. smuggling of goods;

3. violations of intellectual property rights;

4. threats against persons and violence against them, including acts of violence during sports events;

5. criminal damage;

6. theft;

7. criminal offences or administrative offences provided for in the law of the issuing State in connection with the implementation of the obligations arising from instruments adopted under the Treaty on the functioning of the European Union (OJ, with 115/47 of 9 May 2008).

(3) the Court acknowledged a decision imposing a financial penalty, provided that the person against whom the judgment was given, owns the property, income or receive's domicile or habitual residence, and for a legal person-based, business address or correspondence address, on the territory of the Republic of Bulgaria.

Jurisdiction

Art. 31. (1) the decision on the imposition of financial penalties is recognized by the District Court at the domicile or habitual residence of the person, but about the legal person-based, business address or correspondence address on the territory of the Republic of Bulgaria.

(2) in case the domicile or habitual residence of the person and the legal person-the head office, head office or mailing address, on the territory of the Republic of Bulgaria are not referred to in the certificate, the decision on the imposition of financial penalties is recognized by the District Court under the legislation referred to in the certificate or the location of the property in place of the source of income of the person concerned.

(3) in the determination of jurisdiction also applies to art. 15, para. 4 and 5.

Production on the recognition

Art. 32. (1) proceedings on the recognition of decisions imposing financial penalties shall be carried out by the procedure of art. 16, al. 1-8.


(2) where it is established that the decision relates to acts which are not committed in the territory of the issuing State and fall under the criminal jurisdiction of the Bulgarian courts, the District Court may reduce the amount of the financial penalty up to the maximum amount provided for similar offences in the Bulgarian legislation.

(3) the Court shall consult in every appropriate way with the competent authorities of the issuing State, before deciding not to recognise, in whole or in part, or to allow the execution of a decision imposing a financial penalty in accordance with art. 35, paragraphs 1, 3 and 9.

Deduction

Art. 33. in the event that the person concerned provides evidence for a full or partial implementation, carried out in conjunction with the decision on the imposition of a financial penalty shall be applied to art. 17.

Proceedings before the appellate court

Art. 34. (1) the person concerned may appeal against the District Court for recognition of a decision on the imposition of financial sanctions by the procedure of art. 20, para. 1-3.

(2) the decision on the imposition of financial penalties and the reasons for its issuance are subject to cancellation only by a Court of the issuing State in accordance with national legislation.

Grounds under which may refuse recognition and enforcement

Art. 35. The Court may refuse to recognize and allow the implementation of a decision imposing a financial penalty if it finds that: 1. the certificate is not produced, is incomplete or obviously does not comply with the decision;

2. against the convicted person for the same Act in the Republic of Bulgaria or in another Member State other than the issuing or the executing, laid down and enforced a decision imposing a financial penalty;

3. the implementation of the decision is statute of limitations expired in the Bulgarian legislation and the decision refers to the Act of the ordinary Bulgarian Court;

4. There is an immunity or privilege under the Bulgarian legislation that make enforcement of the decision unacceptable;

5. the decision relates to acts which:

the Bulgarian legislation) are considered to be carried out in whole or in part in the territory of the Republic of Bulgaria, or

(b)) have been committed outside the territory of the issuing State and the Bulgarian law does not permit the undertaking of criminal proceedings in respect of such acts;

6. the financial penalty is less than 70 euros or the equivalent in LEVs of this amount;

7. in some of the cases under art. 30, para. 1 the decision relates to acts which do not constitute an offence or administrative violation according to the Bulgarian legislation;

8. the decision was given against the natural person who, in the Bulgarian legislation due to his age does not carry criminal liability and shall not be subject to prosecution for acts which justify the decision;

9. in accordance with the certificate the person concerned:

(a)) in case of written proceedings has not been notified in person or through an authorized representative on its right to appeal the decision and the time limits which are in force for this appeal under the law of the issuing State, or

(b)) did not appear in person, unless a certificate showing that the person concerned has been notified in person or through an authorized representative on the proceedings under the law of the issuing State or has indicated that it will not appeal the decision.

Performance

Art. 36. The acknowledged under this section, the decision shall be implemented according to art. 22.

Termination of execution at the request of the issuing State

Art. 37. The performance is terminated under the conditions of art. 23.

Duty to inform

Art. 38. (1) the Court shall immediately notify the competent authority of the issuing State:

1. acceptance and dispatch of the decision on the imposition of financial penalties on the competent authority referred to in art. 6, al. (2);

2. any decision refusing recognition of a decision on the imposition of financial penalties in accordance with art. 35, together with the reasons for that;

3. full or partial nepriveždane in implementation of the decision on the grounds set out in art. 10, para. 1, art. 11, para. 1, art. 32, para. 2 or art. 33;

4. complete implementation of the decision.

(2) a copy of the notification under paragraph 1. 1 and is sent to the Ministry of Justice of the Republic of Bulgaria.

Section II

Send a laid down in the Republic of Bulgaria decisions imposing financial penalties on recognition and enforcement in another Member State of the European Union

Conditions for sending

Art. 39. (1) the Bulgarian court sends a decision imposing a financial penalty of a competent authority in another Member State of the European Union on recognition and enforcement, where it finds that the person against whom the judgment, possesses property, receives income is domiciled or habitually resident, and for a legal person-based, business address or mailing address, to another Member State of the European Union.

(2) the National Revenue Agency sends the penal provisions of a competent authority in another Member State of the European Union, for recognition and enforcement under the conditions of paragraphs 1 and 2. 1.

(3) When the decision imposing a financial penalty is awarded damages in favour of the injured by the crime, the Court shall, at the request of the injured party shall send the decision of a competent authority in another Member State of the European Union, for recognition and enforcement under the conditions of paragraphs 1 and 2. 1.

(4) the Requesting authority shall issue the certificate referred to in art. 4.

Send solution

Art. 40. the competent Bulgarian authority shall send the decision on the imposition of financial sanctions only one executing State.

Section III


Consequences of recognition, execution and transfer of a decision imposing a financial penalty

Consequences of sending

Art. 41. (1) the competent Bulgarian authority cannot take the enforcement of a decision imposing a financial penalty, sent to another country unless:

1. the competent authority in the executing State has notified him that issued the Act of amnesty or pardon or has held full or partial refusal of recognition and enforcement of a decision that is not based on the application of the principle ne bis in idem, or

2. has notified to the competent authority in the executing State pursuant to para. 2, item 2 and 3.

(2) the competent Bulgarian authority shall forthwith inform the competent authority of the executing State, when:

1. after sending the decision received a monetary amount that is paid voluntarily by the individual concerned;

2. withdraw the decision on the imposition of financial penalties, or

3. There is another reason why according to the Bulgarian legislation, the further implementation of the decision is inadmissible.

Revenue from performance

Art. 42. (1) the proceeds of the enforcement of decisions imposing financial penalties shall be made available to the Republic of Bulgaria as a running state as the disposal of them is carried out in accordance with the Bulgarian legislation, unless otherwise agreed, especially in cases of compensation for the victim of a crime.

(2) where the Republic of Bulgaria is the issuing country, the disposal of the proceeds of the enforcement of the decision imposing a financial penalty is stipulated by the executing State.

(3) the competent authorities for the conclusion of the agreements referred to in para. 1 and 2 for the Republic of Bulgaria shall be bodies under art. 6 and 7.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "Issuing State" means a Member State of the European Union, which is a decision for confiscation or forfeiture or a decision imposing a financial penalty on a natural or legal person.

2. the "Executing State" means a Member State of the European Union, which has sent a decision on confiscation or forfeiture or a decision imposing a financial penalty, for the purpose of its implementation.

3. "affected person" means a natural or legal person against whom the judgment was given a decision on confiscation or forfeiture or a decision imposing a financial penalty.

4. the "Benefit" means any economic advantage through crime. The benefit may stem from the property of any kind.

§ 2. The Republic of Bulgaria shall apply existing bilateral and multilateral agreements or contracts concluded between it and the other Member States of the European Union, if they contribute to simplification or facilitating the procedures for execution of decisions on seizure or repossession and decisions imposing financial sanctions.

§ 3. This law introduces the requirements of:

1. the Council framework decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;

2. Council framework decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition of confiscation decisions.

TRANSITIONAL AND FINAL PROVISIONS

§ 4. Incumbent proceedings in chapter thirty-sixth of the code of criminal procedure is completed in the previous row.

§ 5. In the law on the National Revenue Agency (official SG. 112 of 2002; amended by 114/2003, no. 105 in 2005, 105/06 109/2007 and no. 12, 32, 42 and 95 of 2009) in art. 3, al. 1 make the following amendments and additions:

1. a new item 16:

"16. performs decisions on seizure or repossession of property and decisions imposing financial penalties handed down in a Member State of the European Union and recognised and enforceable in the Republic of Bulgaria;".

2. Current item 16 item 17 is going on.

§ 6. In the tax-insurance procedure code (official SG. 105 by 2005; amend., SG. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 by 2008 and no. 12, 32, 41 and 93 since 2009) in art. 162 creates al. 6:

(6) Public claims are claims of Member States of the European Union, entered into force decisions on seizure or forfeiture of monies for the monetary value of equal confiscated or taken away property and in decisions on the imposition of financial penalties handed down in the Member States of the European Union when they are recognised and enforceable in the Republic of Bulgaria. "

§ 7. In the code of criminal procedure (official SG. 86 of 2005; amend., SG. 46 and 109 from the 2007 No. 69 and 109 of 2008 and no. 12, 27, 32 and 33 of 2009) make the following amendments and additions:

1. In art. 4, al. 2 the words "this code" is replaced by "national legislation".

2. In art. 469 finally a comma and add "unless otherwise provided for in law."

The law was adopted by 41-Otto National Assembly on 11 February 2010, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

Annex No 1 to art. 4, al. 1

CERTIFICATE

under article 4 of framework decision 2006/783/JHA on the application of the principle of mutual recognition of confiscation decisions



Issuing and executing a) country:

Издаваща държава: ……………...........................................................……………………………………………………………...

Изпълняваща държава: …………………………….........................................................………………………………………….

 











 











(b)) which issued the Court decision on confiscation:

Official name: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...


Адрес: ………………………………………………………………………………………….…………………………………………………………...........

…………………………………………………………………………………………………..………………………………………………………………..............

The file reference number: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Phone (country code) (area/city code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Fax: (country code) (area/city code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Електронна поща (ако има): ……………………………………....................................................…………………………….

Languages possible correspondence with the Court: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………..……………………………………………………………….............

Contact details of the person (s) to the connection on the receipt of additional information in order to implement the decision on confiscation or, where applicable, for the purpose of coordination of the implementation of the decision on confiscation, sent to two or more countries, or running with the aim of translating the sending State money or property obtained from the performance (name, title/rank, Tel., fax and when there is , e-mail):

…………………………………………………………………………………………………..……………………………………………………………….............

…………………………………………………………………………………………………..……………………………………………………………….............











 











the competent Authority) to fulfill the decision on confiscation in the issuing State (if the body is different from the Court under subparagraph (b)):

Official name: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………..……………………………………………………………….............

Адрес: ………………………………………………………………………………………….……………………………………………………………….....

…………………………………………………………………………………………………..……………………………………………………………….............

Phone (country code) (area/city code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Fax: (country code) (area/city code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

E-mail (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………..……………………………………………………………….............

Languages possible correspondence with the competent authority to enforce:.

…………………………………………………………………………………………………..……………………………………………………………….............

…………………………………………………………………………………………………..……………………………………………………………….............

…………………………………………………………………………………………………..……………………………………………………………….............

Contact details of the person (s) liaison on the receipt of additional information in order to implement the decision on confiscation or, where applicable, for the purpose of coordination of the implementation of the decision on confiscation, sent to two or more countries, or running with the aim of translating the sending State money or property obtained from the performance (name, title/rank, Tel., fax and when there is , електронна поща): ………………………………..........................................

…………………………………………………………………………………………………..……………………………………………………………….............

…………………………………………………………………………………………………..……………………………………………………………….............

 











 











(d)) where a specific central authority for sending and acceptance of administrative decisions on confiscation in the issuing State:

Designation of the central authority:....................................................................................................................

…………………………………………………………………………………………………..……………………………………………………………….............

…………………………………………………………………………………………………..……………………………………………………………….............

Person to contact, if applicable (title/rank, name): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………..……………………………………………………………….............

Адрес: …………...................................................................………………………………………………………………………………

…………………………………………………………………………………………………..……………………………………………………………….............

The file reference number: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Phone (country code) (area/city code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Fax: (country code) (area/city code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Електронна поща (ако има): …………………………………………......................................................…………………….

 











 











e) authority or authorities which may be contacted (if completed) (b) and/or c) and/or (d)):

authority referred to in subparagraph (b))

on the following issues: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

body referred to in point (c))


on the following issues: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

body referred to in point (d))

on the following issues: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

 











 











When the decision is confiscation) follows a decision on securing, sent to the executing State pursuant to Council framework decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or dokazatelstva1, provide relevant information for identifying the freezing order (date of issuing and sending the freezing order, authority to which it was sent, the reference number, if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………..…………………………………………………………....…….........

…………………………………………………………………………………………………..……………………………………………………....………….........

 













1 Official Journal of the European Union, OJ L 196, 2.8.2003, p. 1. 45.



(g)) when the decision for confiscation has been sent to more than one executing State, provide the following information:

1. The decision on confiscation has been sent to the following (s) other (s) executing (s) State (s) (country and authority): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

……………………………………………………………………………………………......………………………………….....……........................……..

…………………………………………………………………………………………..………..……………………………….....……...............................

2. The decision on confiscation has been sent to more than one executing State on the following grounds (tick the appropriate box):

2.1. When the decision on confiscation is associated with one or more specific property:

There is reason to suspect that a variety of specific items of property covered by the confiscation decision, are located in different countries running.

the confiscation of property, specifically covered by the decision on seizure is related to actions in more than one executing State.

There are reasonable grounds to suspect that a particular property covered by the confiscation decision, is located in one of two or more specified executing States.

2.2. When the decision on seizure is related to the amount of:

the property has not been provisioned on the Council framework decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

It is unlikely that the value of the assets may be confiscated in the issuing State and the executing State in each, to be sufficient for the implementation of the full amount covered by the decision on confiscation.

other reason (s) (s) (indicate/-t): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………..………..……………………….....……................................

…………………………………………………………………………………………………..……………………………….....……..................................











 

 

h) information on the natural or legal person against whom the decision has been issued for the seizure:

1. in the case of a natural person:

Фамилия: ………………………..............................................................………………………………….……………………………

Собствено(и) име(на): ………………………......................................................…………………….…………………………..

Maiden name (if applicable): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Nickname/name (where applicable): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Пол: ………………………………………………………………………….................................................................……….………….

Националност: ………………………………………………………………………………………….............……………………………………...

Personal number or social security number (if possible): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Дата на раждане: …………………………………………………………………….........................................................………...

Място на раждане: …………………………………………………………………..........................................................…………

Последен известен адрес: ……………………………………......................................................…………………….…………

……………………………………………………………………………………………………………………………………………………………………........……

Language (s) which the person understands (if known): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

………………………………………………………………………………………………………………………………………………………………….….......……

1.1. If the decision on seizure is related to the amount of:

The decision on confiscation shall be transmitted to the executing State because (tick the appropriate box):

a) the issuing State has reasonable grounds to believe that the person against whom the decision has been issued for the seizure, or possesses property has income in the executing State. Add the following information:

Reasons to believe that the person possesses property/income: there ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

Description of property/source of income:....................................................................................


…………………………………………………………………………………………………………………………………………………………………….......……

Location of property of the person/source of income (if not known, last known location): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

(b)) there are good reasons referred to in point (a)), which would allow the issuing State to determine the Member State to which the decision can be sent for confiscation, but the person against whom the confiscation decision was issued, habitually resident in the executing State. Add the following information:

Habitually resident in the executing State: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

1.2. If the decision on confiscation is associated with a particular property (s) (a):

The decision on seizure is sent to the executing State because (tick the appropriate box):

a) Particular property (s) (s) is/are located in the executing State. (See point (I))

(b)) the issuing State has reasonable grounds to believe that all or part of the particular property (s) (s) covered by the decision on confiscation, is/are located in the executing State. Add the following information:

Reasons to believe that all or part of a particular property (s) (s) is/are located in the executing State: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

There are good reasons) in subparagraph (b)), which would allow the issuing State to determine the Member State to which the decision can be sent for confiscation, but the person against whom the confiscation decision was issued, habitually resident in the executing State. Add the following information:

Habitually resident in the executing State:.........................................................................................

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

2. In the case of a legal person:

Наименование: ……………………………………………………………………………………………………………………………...……….…..

Form of entity: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Registration number one: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Registered office2:.............................................................................................................................................

Address of the legal person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

 



1 and 2 When the decision on confiscation shall be transmitted to the executing State because the legal person against whom it was granted, registered in that State, the registration number and registered office must be filled in.



2.1. If the decision on seizure is related to the amount of:

The decision on seizure is sent to the executing State because (tick the appropriate box):

a) the issuing State has reasonable grounds to believe that the legal person against whom the decision has been issued for the seizure, or possesses property has income in the executing State. Add the following information:

Reasons to believe that the person possesses property/income: there ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

Description of property/source of income:..............................................................................................

…………………………………………………………………………………………………………………………………………………………………….......……

Location of property of the person/source of income (if not known, last known location): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

(b)) there are good reasons referred to in point (a)), which would allow the issuing State to determine the Member State to which the decision can be sent for confiscation, but the legal person against whom the confiscation decision was issued, registered in the executing State. Add the following information:

Registered office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

2.2. If the decision on confiscation is associated with a particular property (s) (a):

The decision on seizure is sent to the executing State because (tick the appropriate box):

a) Particular property (s) (s) is/are located in the executing State. (See point (I))


(b)) the issuing State has reasonable grounds to believe that all or part of a particular property (s) (s) covered by the decision on confiscation, is/are located in the executing State. Add the following information:

Reasons to believe that all or part of a particular property (s) (s) is/are located in the executing State: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

………………………………………………………………………………………………………………………………………………………………….......………

There are good reasons) in subparagraph (b)), which would allow the issuing State to determine the Member State to which the decision can be sent for confiscation, but the legal person against whom the confiscation decision was issued, registered in the executing State. Add the following information:

Registered office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

and a decision on confiscation)

The decision on confiscation was issued on (date): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

The decision on confiscation has entered into force on (date): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Reference number of the decision on confiscation (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

1. Information about the nature of the decision on confiscation

1.1. list (with indication in the appropriate box (s) (s), if the decision on confiscation is associated with:

monetary amount

Amount subject to execution in the executing State, indicating the currency (in figures and words): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

The total amount covered by the decision on confiscation, indicating the currency (in figures and words): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

specifically (and) property (a)

A description of each property (s) (a): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

The location of the particular property (s) (s) (if not known, last known location): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

When confiscation of particular property (s) (a) is related to actions in more than one executing State, a description of the action to be taken: ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

1.2. the Court has decided that the property (tick the appropriate box (s) (s):

i) is a benefit of a crime or is equivalent to the full value or part of the amount of such a benefit,

ii) constitutes the means of such a crime,

iii) is subject to forfeiture as a result of implementation in the issuing State of the extended powers of confiscation referred to in points (a), (b))) and in). The purpose of the decision is that the Court based on specific facts is fully convinced that the property in question has been received by:

a) criminal activities of convicted person during the period preceding the sentence for the crime, which is considered to be reasonable by the Court in the circumstances of the particular case,

(b)) similar criminal activities of convicted person during the period preceding the sentence for the crime, which is considered to be reasonable by the Court in the circumstances of the particular case, or

in the criminal activity of) the convicted person and found that the value of the property does not meet the legitimate income of that person;

iv) is subject to forfeiture under another provision relating to the extended powers of confiscation under the law of the issuing State.

If there are two or more categories provide details on seizure, confiscation of any property category: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

2. Information about the offence (s) leading up to the decision on confiscation

2.1. Brief description of the facts and a description of the circumstances under which has (have) been (s) carried out (and) the offence (s), lead (s) up to the decision on confiscation, including time and place:

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……


…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

2.2. the Nature and legal classification of the offence (s), lead (s) up to the decision on confiscation and the applicable statutory provision/code, on the basis of which the decision was taken:

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

2.3. where applicable, indicate one or more of the following offences, which is (are) attached (and) the offence (s) (s) identified under point 2.2 If the offence (s) is (are) punishable with deprivation of liberty for a maximum of not less than 3 years (tick the appropriate box (s) (s):

participation in a criminal group;

terrorism;

trafficking in human beings;

sexual exploitation of children and child pornography;

illicit traffic in narcotic drugs and psychotropic substances;

illicit trafficking in weapons, ammunition and explosives;

corruption;



fraud, including that affecting the financial interests of the European Union within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;

laundering of benefit from crime;

counterfeiting currency, including the euro;

computer crime and computer-related crimes;

crimes against the environment, including illicit trafficking in endangered animal species and endangered plant species and varieties;

assisting the illegal entry and residence;

murder, grievous bodily harm;

illicit trade in human organs and tissues;

kidnapping, illegal restraint and hostage-taking;

racism and xenophobia;

organised or armed robbery;

illicit trafficking in cultural objects, including antiques and works of art;

swindle;

racketeering and extortion;

counterfeiting and piracy of products;

forgery of administrative documents and trade with them;

forgery of means of payment;

illicit trafficking in hormonal substances and other growth promoters;

illicit trafficking in nuclear or radioactive materials;

trafficking in stolen vehicles;

rape;

arson;

crimes under the jurisdiction of the International Criminal Court;

unlawful seizure of aircraft or ships;

sabotage.

2.4. in so far as the offence (s), lead (s) up to the decision on confiscation, identified in section 2.2, is (are) covered by section 2.3, please give a full description of the relevant offence (s) (s) (it should cover the actual criminal activity, and not, for example, the legal qualifications).

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

 











 











j) production, led to the decision on confiscation

Specify the following information concerning the proceedings leading to the decision on confiscation (tick the appropriate box (s) (s):

a affected person) is involved in the production personally.

(b) the person concerned) is not personally involved in the production, but was represented by a lawyer.

the affected person is not) participated personally in the proceedings and was not represented by a lawyer. It is confirmed that:

the person was informed personally, or via a representative competent in accordance with national legislation, for the production in accordance with the law of the issuing State, or

the person has indicated that he does not dispute the decision on confiscation.

 













 













(k) the conversion and transfer of property

1. If the decision on confiscation is associated with a particular property, indicate if the issuing State permits the confiscation in the executing State to be carried out in the form of an obligation for the payment of a sum of money corresponding to the value of the property:

to

not


2. If the decision on confiscation is associated with a monetary amount, indicate whether the property, other than money received in carrying out the decision on confiscation, can be transferred to the issuing State:

to

not

 













 













(l)) Alternative measures, including the imposition of imprisonment

1. Indicate if the issuing State allow the application by the executing state of alternative measures if implementation of the decision on confiscation is not possible, in whole or in part:

to

not

2. If Yes, indicate what sanctions could be applied (nature and the maximum level of penalty):

imprisonment (maximum): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

community service (or an equivalent penalty) (maximum): ... ... ... ... ... ... ... ... ... ... ... ...

 Друга санкция (описание): ……………………………………………....................................................………………….

…………………………………………………………………………………………………………………………………………………………………….......……

 











 











m) Other circumstances that are relevant to the case (optional information): ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

 











 











h) the text of the decision on confiscation is attached to the certificate.

Signature of the issuing authority and/or his representative, who shall certify the correctness of the contents of the certificate: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

Име: ………………………………………..................................................................……………………………………………………

Occupation or position held (title/rank): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Дата: ………………………………………………………..................................................................…………………………………..

Official stamp (if available):

--------------------------------------------------

 











 

Note: see annex in PDF-and the number



Annex 2 to the art. 4, al. 1

CERTIFICATE

under article 4 of Council framework decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties



а)

* издаваща държава: ………........................................................………………………………………………………….……….

* изпълняваща държава: ….........................................................................................................................

 











 

 











(b)) a body that is judgment for the payment of a financial penalty:

Официално наименование: …......................................................................................................................

Адрес: ….........................................................................................................................................................

…………………………………………………………………………………………………………………………………………………..………………….......……

No file reference number (...): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Wire. No. (country code) (area code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Fax No. (country code) (area code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

E-mail address (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Languages for correspondence with the authority of origin: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......…….

Details of the person/persons to contact, if necessary, additional information for the purposes of enforcement of the decision or in need for money transfer to the issuing country in result of implementation (name, title/rank, Tel., fax and e-mail address (if any): ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

 











 











c) the authority responsible for issuing State in the execution of the decision imposing a financial penalty (if it is a body other than the authority in paragraph (b)):

Официално наименование: …......................................................................................................................

Адрес: ….........................................................................................................................................................

……………………………………………………………………………………………………………………………………………………………………........……

Wire. No. (country code) (area code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Fax No. (country code) (area code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

E-mail address (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...


Languages for correspondence with the authority of origin: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

Details of the person/persons to contact, if necessary, additional information for the purposes of enforcement of the decision or in need for money transfer to the issuing country in result of implementation (name, title/position, Tel., fax and e-mail address:

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

 











 











d) in the case of the establishment of a central administrative body for forwarding decisions imposing a financial penalty in the issuing country:

Име на централния орган: …………......................................................……………………………………………………….

…………………………………………………………………………………………………………………………………………………………………….......……

Contact person in need (title/position and name): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

Адрес: ……………………….................................................................………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………………….......……

Reg. № (…): ………..............................................................……………………………………………………………………………

Wire. No. (country code) (area code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Fax No. (country code) (area code): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

E-mail address (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

e) authority or authorities for contact when completing the letter c) or (d)):

authority referred to in point (b))

По следните въпроси: …………………………..............................................................……………………………………...

authority as referred to in (c))

По следните въпроси: …………………..............................................................……………………………………………...

authority referred to in point (d))

По следните въпроси: ……...............................................................…………………………………………………………..

 











 

 

is data) the natural or legal person to which a financial penalty has been imposed:

1. in the case of a natural person

Фамилия: …………………………..............................................................……………………………………………………………

Име(на): ………………………………………...............................................................……………………………………………….

Maiden name, where applicable: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Nickname/name, where applicable: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Пол: ………………………………………………………………………………..................................................................…………..

Гражданство: …………………………………………………………………………..............................................................………

Personal no or no social security number: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Дата на раждане: ……………………………………………………….........................................................……………………...

Място на раждане: ……………………………………………………………….........................................................……………

Последен известен адрес: ………………………………………………………......................................................……………

…………………………………………………………………………………………………………………………………………………………………….......……

Language or languages that the said person understands (as far as is known): ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

and if the decision) shall be submitted to the executing State because the person against whom the judgment was given, usually in the executing party resides, add the following data:

Habitually resident in the executing State:....................................................................................

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

(b)) if the decision is transmitted to the executing State because the person against whom the judgment was given, owns property in the executing State shall add the following data:

Description of the property of the person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

A place where the property is located on the face: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

If the decision in) is transmitted to the executing State because the person against whom the judgment was given, receives income in the executing State shall add the following data:

Description of the sources of income of the person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

The location of the sources of income of the person (s): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

2. In the case of a legal person

Име: ………………………………………..................................................................……………………………………………………

Вид юридическо лице: ……………………………………........................................................………………………………….


Registration no (if applicable) 1: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Registered office (if available) 2: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Address of the legal person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

 



1 and 2 If the executing State be sent a decision because the legal person against whom it was given, with registered office in this State, the registration and registered office must be indicated.

 



and if the decision) shall be submitted to the executing State because the legal person against whom the judgment was given, possesses property in the executing party, add the following data:

Description of the property of the legal person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

A place where the property is located of the legal person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

(b)) if the decision is transmitted to the executing State because the legal person against whom the judgment was given, received income in the executing party, add the following data:

Description of the sources of income of the entity: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

The location of the sources of income of the entity: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

 

g) solution for the payment of a financial penalty:

1. type of judgment for the payment of a financial penalty (tick the correct answer):

i) judgment of the Court in the issuing country on the basis of the punishable under its national law.

ii) decision of a non-judicial authority in the issuing State on the basis of the punishable under its national law. It is confirmed that the person concerned has had the opportunity to appeal the decision before a court with criminal jurisdiction.

iii) decision of a non-judicial authority in the issuing State on the basis of acts which, according to its national law be pursued as offences. It is confirmed that the person concerned has had the opportunity to appeal the decision before a court with criminal jurisdiction.

iv) decision of the Court with criminal jurisdiction, which refers to the judgment in iii).

The judgment was given a (date): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

The decision entered into force on (date): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

decision no/case (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Financial penalty creates an obligation for the payment of (tick the correct answer and indicate the amount and currency):

i) Monetary amount that is imposed by the decision on conviction for an offence;

размер на сумата: ………..................................................................…………………………………………………………….

ii) compensation for victims, even when the victim does not have a civil action within the framework of production and the Court is acting in the execution of their criminal jurisdiction;

размер на сумата: ………………………………..................................................................……………………………………..

iii) monetary amount for the costs of judicial and administrative proceedings, which led to the decision;

размер на сумата: …..................................................................………………………………………………………………….

iv) monetary amount, which is determined by the same decision, in favor of a public fund or a victim support organisation;

размер на сумата: ……………………….................................................................…………………………………………..…

The total amount of the financial penalty, indicating the currency: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

 …………………………………………………………………………………………………………………………………………………………………….......……

2. Summaries of the actual situation and a description of the circumstances under which is/are committed/torts/offences committed, including the time and place: ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

Type and legal qualification of offences and offences/applicable legal provisions, on the basis of which the decision was given: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

3. If the torts/offences referred to in point 2 shall constitute one or more t/a greetings, referred to below, tick the correct answer:

participation in a criminal group,

terrorism,

trafficking in human beings,

sexual exploitation of children and child pornography,

illicit trafficking in narcotic drugs and psychotropic substances,

illicit trafficking in arms, munitions and explosives,

corruption,


fraud, including that affecting the financial interests of the European Union within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities,

laundering of benefit from crime,

counterfeiting currency, including the euro,

computer crime and computer-related crime,

crimes against the environment, including illicit trafficking in endangered animal species and endangered plant species and varieties,

assisting the illegal entry and residence,

murder, grievous bodily harm,

illicit trade in human organs and tissues

kidnapping, illegal restraint and hostage taking,

racism and xenophobia,

organised or armed robbery,

illicit trafficking in cultural objects, including antiques and works of art

dishonesty,

racketeering and extortion,

counterfeiting and piracy of products,

forgery of administrative documents and trade with them,

forgery of means of payment,

illicit trafficking in hormonal substances and other growth promoters,

illicit trafficking in nuclear or radioactive materials,

trafficking in stolen vehicles,

rape,

arson,

crimes under the jurisdiction of the International Criminal Court,

unlawful seizure of aircraft or ships

sabotage,

conduct that violates the provisions of road traffic regulations, including breaches of the provisions for the duration of the management and the rest of the vehicles, as well as the provisions concerning dangerous goods,

smuggling of goods

violation of intellectual property rights,

threats and violence against persons, including violence during sports events,

criminal damage,

theft,

criminal offences or administrative offences provided for in the law of the issuing State in connection with the implementation of the obligations arising out of the acts adopted pursuant to the Treaty on the functioning of the EU.

If it is indicated above, please specify under which provisions of the Act adopted on the basis of the Treaty on the functioning of the EU, falls, the composition of the Act: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

4. If the offences referred to torts//referred to in point 2, it has/have mentioned/referred to in point 3, please describe exactly the relevant offence/offences concerned: ...

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……



h) status of the decision imposing a financial penalty

1. confirmation that (tick the correct answer):

the solution is a) entered into force,

b) information of the authority which issued the certificate, the executing State is not postanovâvano decision against the same person for the same Act and such a decision is not fulfilled in the executing State or in a third country other than the issuing or the executing State.

2. Please indicate if production was written:

and no, it's not).

(b)), it was. We reaffirm that the person concerned is informed in accordance with the law of the issuing State in person or through an authorized representative, according to the national law on the right to appeal the decision and of the time limits for an appeal.

3. Please indicate whether the person concerned personally appear at the trial, as a result of which the decision was given:

(a)), To attend.

(b)), did not appear.

If you have made a mark in the box under subparagraph (b)), please confirm the presence of one of the following:

the person concerned was notified of the case under the law of the issuing State in person or through an authorized representative according to national legislation,

or

that the person concerned has indicated that it will not appeal the decision.

4. Partial payment of the financial penalty

If part of the financial penalty has already been paid in the issuing State or, as far as is known to the authority which issued the certificate in another country, please specify the level of refund: ...

 











 

 











and) Alternative sanctions, including imprisonment.

1. Please indicate if the issuing State allowed in the executing State may be issued decisions on alternative sanctions if the decision on the payment of a financial penalty cannot be met or can be met only partially:

a)

(b))

2. If so, what alternative sanctions may be issued (type and maximum amount of penalties):

imprisonment, maximum: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

community service (or equivalent punishment), maximum: ... ... ... ... ... ... ... ... ... ... ... ...

 други наказания, описание:…………………………………………...........................................................……………..

 











 

 












j) Other circumstances that are relevant to the case (optional): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………………………………………………………………………………………………………….......……

…………………………………………………………………………………………………………………………………………………………………….......……

 











 

 











k) the text of the decision imposing a financial penalty is attached to the certificate.

Signature of the issuing authority and/or his representative, who shall certify the correctness of the contents of the certificate: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

…………………………………………………………………….……………………………………………………………………………………………….......……

Име: ………...................................................................……………………………………………………………………………………

Функция (титла/длъжност): ……………………………….....................................................………………………………….

Дата: …………………………………………………………………..................................................................………………………...

Official stamp (if available)

 











 

Note: see annex in PDF-and the number



1383