Name of law
Law amending the Law on Special Intelligence Means




Name Bill
Bill amending the Law on Special Intelligence Means





Date of adoption
22/10/2009



Number / year Official Gazette
88/2009







DECREE № 365
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Special Intelligence Means adopted by HLI National Assembly on October 22, 2009 | || Released in Sofia on November 4, 2009
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Special Intelligence Means (prom. SG. 95 of 1997 .; suppl. SG. 70 of 1999 SG. 49 of 2000, No. 17 of 2003, SG. 86 of 2005, pcs. 45 and 82, 2006, issue. 109 of 2007, pcs. 43 and 109 of 2008 on)
§ 1. Article 34b is amended as follows:
"Art. 34b. (1) The National Assembly by a commission appointed by the regulations for the organization and its activities, exercise parliamentary control and monitoring of authorization procedures, implementation and use of special surveillance means, preservation and destruction of information obtained through their and rights protection and freedoms of citizens against unlawful use of special intelligence means.
(2) The Commission under par. 1 annually until May 31 submitted to the National Assembly a report on the work done, which contains summary data for authorization, implementation and use of special safekeeping and destruction of information obtained through them, and to protect the rights and freedoms of citizens against unlawful use of special intelligence means. "
§ 2. Chlenove 34c - 34e are canceled.
§ 3. In art. 34zh be made the following amendments:
1. The previous text becomes para. 1 and in it:
a) in the text before item. 1 the words "National Bureau" is replaced by "Committee on Art. 34b ";
B) pt. 4 words "to issue directions regarding the improvement mode" is replaced by "to make proposals to improve procedures";
C) Section 5 is repealed.
2. A par. 2:
"(2) In case of data misuse and application of special investigative means, respectively, storage or disposal of the acquired through them, the Committee on Art. 34b approach the prosecuting authorities and the heads of the organs and structures of art. 13, 15 and 20. "
§ 4. Article 34z is amended as follows:

"Art. 34z. (1) The Commission of art. 34b officially notify citizens when to them have been applied improperly special intelligence means.
(2) Citizens do not know when this will create danger:
1. to achieve the objectives of art. 3 or art. 4;
2. Disclosure of operational processes or technical resources; 3
. the life or health of an undercover officer or his ascendants, descendants, siblings, spouse or person with whom he is particularly close relationship, when danger arises from the tasks. "
§ 5. A Chapter Four "b" with art. 34i - 34r:
"Chapter Four" b "
use and application of special investigative means RELATING TO INTERNATIONAL COOPERATION IN CRIMINAL MATTERS
Art. 34i. (1) The special intelligence means except in cases of art. 3, para. 1 may also be used when provided in an international treaty entered into force for the Republic of Bulgaria.
(2) In the cases under par. 1 special investigative techniques can be used for the prevention and investigation of crimes that are expressly set out in the international treaty under which permitted their use.
Art. 34k. (1) In cases of art. 34i special intelligence means may be provided and implemented by the competent authorities of a foreign country.
(2) A foreign undercover officers have powers and can be used to achieve the objectives of art. 10c when provided in an international treaty entered into force for the Republic of Bulgaria, or on reciprocity agreement has been concluded in each case.
Art. 34l. The special intelligence means under this Chapter shall apply to the period prescribed in the Criminal Procedure Code.
Art. 34 m. Results obtained through special investigative techniques under this chapter may be used for the purpose of international legal assistance, as well as for the purpose of inland investigation under the terms of national legislation.
Art. 34H. (1) Upon receipt of a request for assistance from a foreign country with a request for continuation of cross-border surveillance of the territory of other states on the territory of the Republic of Bulgaria by employees of the requesting State Supreme Prosecution of Cassation ruling on the application and if you allow enforcement imports reasoned written request for authorization to the President of the Sofia city Court or authorized by the Vice-President.
(2) The request must contain:
1. information about the crime, the investigation of which requires carrying out cross-border surveillance;
2. data on persons to whom will be carried out cross-border surveillance;
3
. which employees will carry out cross-border surveillance;
4. conditions that will be carried out cross-border surveillance;
5. the period of carrying out cross-border surveillance.
(3) The chairman of the Sofia City Court or authorized by the Vice-President shall immediately give written authorization to carry out cross-border surveillance or refuse its execution, motivating its refusal.
(4) The authorization shall be forwarded by the Supreme Cassation Prosecutor's Office to the competent authorities of the requesting State, which shall inform the competent Bulgarian authorities.
Art. 34o. (1) emergency crossing the Bulgarian border in carrying out cross-border surveillance, it has not been requested prior authorization, officials of the foreign country performing the surveillance may they continue in the Republic of Bulgaria, where so provided in an international treaty which entered into force for the Republic of Bulgaria.
(2) The competent authorities of the foreign country whose officers conducting the observation shall immediately notify the Supreme Cassation Prosecution Office and the General Commissioner of the Ministry of Interior or an authorized official that the border has been crossed during monitoring.
(3) Upon notification under par. 2 Supreme Cassation Prosecution immediately decide whether the monitoring should be discontinued and inform the requesting State and the General Commissioner of the Ministry of Interior or an authorized official.
(4) The competent authorities of the foreign country whose officers conducting the observation shall immediately send the Supreme Cassation Prosecutor's request for assistance to carry out cross-border surveillance, accompanied by grounds for crossing the border without prior authorization.
(5) Upon receipt of a request for assistance Supreme Cassation Prosecution immediately decide whether they should be allowed to perform. Upon refusal supervision be terminated immediately.
(6) Upon request allowed the Supreme Cassation Prosecutor's Office without delay submit a reasoned written request for authorization to the President of the Sofia City Court or authorized by the Vice-President.
(7) The request must contain:
1. information about the crime, the investigation of which requires the use of cross-border surveillance;
2. data on persons to whom will be carried out cross-border surveillance; 3
. circumstances justifying the need for urgency;
4. which employees will carry out cross-border surveillance;
5. conditions that will be carried out cross-border surveillance;
6. the period of carrying out cross-border surveillance.

(8) The Chairman of the Sofia City Court or an authorized Vice-President shall within five hours from crossing the Bulgarian border, give written authorization to carry out cross-border surveillance or refuse to grant authorization, motivating its refusal.
(9) The chairman of the Sofia City Court or an authorized Vice-President shall immediately forward at the Supreme Cassation Prosecution given permission.
(10) When the President of the Sofia City Court or an authorized Vice-President refuses to give permission, cross-border supervision is terminated.
(11) The Supreme Cassation Prosecution inform the competent authorities of the requesting State for the authorization and immediately send it and inform officers conducting surveillance.
Art. 34p. (1) Upon application of special investigative techniques under this head officials of the competent authorities of the foreign country are required:
1. To comply with the legislation of the Republic of Bulgaria;
2. follow the instructions of the competent Bulgarian authorities; 3
. to carry a document certifying that authorization has been granted, except in cases of art. 34o;
4. be able at any moment to prove that they are acting in an official capacity.
(2) Upon application of special investigative techniques under this chapter shall not be allowed entry into homes and places that are not publicly available. The officers conducting the observation are not allowed to detain the person under surveillance.
(3) The employees of the competent authorities of the foreign country to prepare a report made by them in the Republic of Bulgaria actions immediately after they are made.
(4) The report under par. 3 sent to the Supreme Cassation Prosecutor's Office, which submits it to the President of the Sofia City Court or an authorized Vice-President, gave permission for action, he may request the personal appearance of the staff concerned.
(5) The bodies of pre-trial proceedings and the court may ask the competent authorities of the foreign country whose officers have the enforcement activities of special intelligence means in the Republic of Bulgaria to assist in the conduct of criminal proceedings where this is formed as a result of the actions in which they participated.
Art. 34r. For all this chapter cases, the general provisions of the law. "
Transitional provision
§ 6. (1) The National Bureau for Control of Special Intelligence Means closed.

(2) The assets and liabilities of the National Bureau for Control of Special Intelligence Means transferred to the Ministry of Justice and the documentation and archives are transmitted to the National Assembly.
(3) The employment of the members of the National Bureau for Control of Special Intelligence Means and labor relations of his staff shall be terminated by the Minister of Justice priusloviyataiporedanachl. 106, para. 1 pt. 1 of the Civil Servants Act and art. 328, para. 1 pt. 1 of the Labour Code.
(4) Upon termination of employment the members of the National Bureau for Control of Special Intelligence Means, submitted an application to the Supreme Judicial Council within 14 days of termination shall be returned to the occupied at the time of their election by the National Assembly National Bureau office in the judicial authorities. The time spent on the job, respect for the practice of art. 164, para. 1-5 of the Judiciary Act.
The law was adopted by the 41 th National Assembly on October 22, 2009 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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