Criminal Procedure Code

Published State Gazette No. 86/28.10.2005, effective 29.04.2006, amended, SG No. 46/12.06.2007, effective 1.01.2008, amended and supplemented, SG No. 109/20.12.2007, effective 1.01.2008, amended SG No. 69/5.08.2008, amended and supplemented, SG No. 109/23.12.2008

(1) The Criminal Procedure Code shall determine the order for conducting criminal proceedings with a view to ensuring detection of crimes, denouncement of culpable persons and proper application of the law.

(2) While realising the objectives under para 1, the Criminal Procedure Code shall ensure that adequate protection is afforded from criminal offences against the Republic of Bulgaria, the life, freedom, honour, rights and legal interests of citizens, as well as against the rights and legal interests of legal persons, and it shall further contribute to the prevention of crime and the reinforcement of legality.

(1) The Criminal Procedure Code shall be applied to all criminal cases initiated by the authorities of the Republic of Bulgaria.

(2) The Criminal Procedure Code shall also apply in the execution of commissions rogatory of another state transmitted by virtue of an agreement or through reciprocity.

The provisions of the Criminal Procedure Code shall also be applied as from the time of their entry into force to procedural actions, which still have to be performed in pending criminal proceedings.

(1) Criminal proceedings instituted by the authorities of another state or a sentence in force issued by a court in another state, said proceedings or sentence not being recognised in pursuance of this Code, shall be no obstacle to the institution of criminal proceedings by the authorities in the Republic of Bulgaria in respect of the same criminal offence against the same individual.

(2) A sentence in force issued by a court in another state, which has not been recognised in pursuance of this Code, shall not be subject to enforcement by the authorities of the Republic of Bulgaria.

(3) The provisions of paras 1 and 2 shall not apply if otherwise provided for by an international treaty to which the Republic of Bulgaria is a party where said treaty has been ratified, publicised and has entered in force.

Procedural actions provided for by this Code may be applied with regard to persons who enjoy immunity from the criminal jurisdiction of the Republic of Bulgaria, only in compliance with the norms of international law.

(1) Justice in criminal cases shall be administered only by those courts which have been established by virtue of the Constitution of the Republic of Bulgaria .

(2) No extraordinary courts or tribunals for the trial of criminal cases shall be allowed.

(1) In the hypotheses and in accordance with the procedures herein provided for, court assessors shall take part in criminal proceedings.

Only judges, court assessors, prosecutors and investigative bodies who have been designated in pursuance of the procedure established to this effect, shall take part in criminal proceedings.

In the discharge of their functions judges, court assessors, prosecutors and investigative bodies shall be independent and shall only obey the law.

(1) All citizens who take part in criminal proceedings shall be equal before the law. Neither restriction on any rights, nor any privileges shall be allowed on the basis of race, nationality, ethnicity, sex, origin, religion, education, convictions, political affiliations, personal or social status or property.

(2) The court and pre-trial bodies shall proceed accurately in applying the law equally to all citizens.

Article 12 Adversarial nature of proceedings. Equality of arms afforded to the parties

(2) The parties in court proceedings shall have equal procedural rights, except in the cases specified by this Code.

(1) Within the limits of their competence, the court, the prosecutor and investigative bodies shall be obligated to apply all available measures in order to secure discovery of the objective truth.

(2) Objective truth shall be discovered in pursuance hereof, through the means herein specified.

(1) The court, the prosecutor and investigative bodies shall make their decisions by inner conviction, which shall be based on the objective, comprehensive and complete investigation of all circumstances relevant to the case, taking the law as guidance.

(2) Evidence and the objective forms used to establish their existence may not have any value set in advance.

(2) The accused party and the other persons who take part in criminal proceedings shall be afforded all procedural means necessary for the defence of their rights and legal interests.

(3) The court, the prosecutor and investigative bodies shall explain the persons under para 2 their procedural rights and shall ensure the possibility to exercise them.

(4) The victim shall be provided with all means of procedural leverage required to fend for the defence of his/her rights and legal interests.

The accused party shall be presumed innocent until the reverse is established by virtue of an effective verdict.

(1) No measures of coercion shall be applied to citizens who take part in criminal proceedings, except for cases herein specified and in pursuance hereof.

(2) No citizen may be held for more than 24 hours in detention unauthorised by court. The prosecutor may issue a warrant for the detention of the accused party until he/she is brought before court.

(3) The respective body shall be obligated to immediately notify a person indicated by the detained individual of the detention.

(4) The Ministry of Foreign Affairs shall be immediately notified where the detained individual is a foreign national.

(5) The court, the prosecutor and investigative bodies shall be obligated to release any citizen who has been illegally deprived of his/her freedom.

The court, the prosecutor and investigative bodies shall base their decisions on evidentiary materials which they shall collect and inspect in person, except for the cases herein specified.

Criminal proceedings shall be conducted orally, except in the cases specified by this Code.

(2) Persons who do not have command of the Bulgarian language can make use of their native or another language. An interpreter shall be appointed in this case.

(2) The prosecutor and investigative bodies shall be obligated to secure the conduct of pre-trial proceedings within the time limits set forth in this code.

(3) Cases in which the accused party has been remanded in custody shall be investigated, examined and disposed of before other cases.

Chapter three
INSTITUTION, TERMINATION AND
SUSPENSION OF CRIMINAL PROCEEDINGS

(1) In presence of the conditions herein specified, the competent public body shall be obligated to institute criminal proceedings.

(2) In the cases set forth in this code criminal proceedings shall be considered instituted by virtue of the first action marking the beginning of investigation.

Article 24 Grounds which exclude the institution of criminal proceedings and grounds for their termination

(1) Criminal proceedings shall not be instituted and, if instituted, they shall be terminated, where:

3. Criminal responsibility has been extinguished following expiry of a statutory limitation period;

5. After committing the criminal offence, the perpetrator has fallen in a state of lasting mental derangement, which excludes his/her capacity to be liable.

6. Against the same individual and for the same criminal offence there are pending criminal proceedings, a verdict in force, a prosecutorial decree or a court ruling or order in force whereby the case is terminated;

7. In the hypotheses set out in the Special Part of the Criminal Code , in publicly actionable cases, where a complaint of the victim to the prosecutor is missing;

8. The perpetrator is exempted from criminal responsibility and interventions for his/her education are used;

9. In the hypotheses set out in the Special Part of the Criminal Code , the victim or the legal person suffering damage may extend a request for the termination of criminal proceedings until the commencement of judicial trial before the first-instance court;

10. A transfer of criminal proceedings was allowed in respect of the individual to another state

11. In respect of an individual who is acting as an under-cover agent, within the limits of competences conferred upon him/her.

(2) In cases falling under items 2, 3 and 9, para 1, criminal proceedings shall not be terminated, where the accused party or the trial defendant extend a request to carry on with proceedings. Amnesty or statutory limitation shall not constitute obstacles to reopening a criminal case, where a convict extends a request to this effect or a prosecutor submits a proposal for acquittal.

(3) Proceedings in publicly actionable criminal cases shall also terminate, once the court has approved the plea bargain agreement reached on the disposal of the case.

(4) Besides cases listed in para 1, criminal proceedings shall not be instituted for a criminal offence actionable at the complaint of the victim and, where criminal proceedings were instituted, they shall also terminate, provided:

3. The victim and the perpetrator have reconciled, lest the perpetrator has failed to abide by the terms of said conciliation in the absence of valid reasons;

5. The Private complainant has not been found at the address he/she has indicated or fails to make appearance at the court hearing before the first-instance court in the absence of any valid reasons; this provision shall not apply where, instead of the private complainant, his/her counsel appears.

1. After committing the criminal offence, the accused party has fallen into a state of short-term mental derangement, which excludes his/her capacity to be liable, or where he/she suffers from another severe ailment, which hinders proceedings to be conducted;

2. Trying the case in the absence of the trial defendant would impede discovering the objective truth;

Article 26 Suspension of criminal proceedings for offences committed in complicity

In the case of criminal offences committed in complicity, where the conditions for separation of criminal proceedings are not met, the latter may be suspended with respect to one or several of the accused parties, provided this will not prevent discovering the objective truth.

(1) After the prosecutor files the indictment or the victim files a complaint, the court shall conduct proceedings and shall decide on all matters relevant to the case.

(2) In pre-trial proceedings the court shall discharge its powers as provided for in the special part of this code.

(1) The court shall try criminal cases at first instance in a panel composed of:

1. A single judge, where the criminal offence entails up to five years of deprivation of liberty or a less heavy punishment;

2. A judge and two court assessors, where the criminal offence entails five to fifteen years of deprivation of liberty as punishment;

3. Two judges and three court assessors, where the criminal offence entails no less than 15 years of deprivation of liberty or another, more severe punishment.

(2) While examining cases as an intermediate appellate review instance, the court shall sit in a panel of three judges.

(3) While examining cases as a cassation instance, the Supreme Court of Cassation shall sit in a panel of three judges.

(4) The Chairman of the court, the judge reporting the case and the presiding judge of the panel of the court shall make sole pronouncements in the cases specified by this Code.

a) A sentence or judgement at the first, the appellate or the cassation instance or upon reopening of the criminal case,

d) A ruling, whereby a remand measure of custody was applied, confirmed, amended or repealed in the course of pre-trial proceedings,

4. He/she has had the capacity of an accused party, custodian or guardian of the accused party, of defence counsel or counsel in the case;

5. He/she has been involved or may join the criminal proceedings in the capacity of a private prosecutor, private complainant, a civil claimant or civil respondent;

6. He/she has had the capacity of witness, certifying witness, expert witness, translator, sign-language interpreter, or technical expert in the case;

8. He/she is a spouse or close relative to another member of the judicial panel.

(2) A judge or assessor may not be part of the court composition due to some other circumstances on account of which he/she may be considered biased or interested, directly or indirectly, in the outcome of the case.

Article 31 Procedure for disqualification of judges, court assessors and secretaries

(1) Judges, court assessors and secretaries shall be obligated to make a recusal in the hypotheses set forth in Articles 29 and 30.

(2) The parties may raise disqualification issues prior to the beginning of judicial trial, except where grounds therefore have arisen or come to their knowledge at a later stage.

(4) The court shall immediately rule on the well-foundedness of recusals and disqualifications, on the occasion of secret deliberations wherein all members of the panel shall take part.

1. A sentence, where it resolves, acting as a first and intermediate appellate review instance, matters of guilt and responsibility of the trial defendant;

2. A judgement, where it rules on the well-foundedness of an appeal or a protest or of a request to reopen a criminal case;

(2) The chairperson of a court, the judge-rapporteur and the chair of a panel shall issue orders.

(2) Judges and courts assessors shall be bound to keep the secret of deliberations.

(3) Court assessors shall make statements and shall vote before the judges. The chair of the panel shall make statements and shall vote last.

(4) The court shall rule by simple majority, all panel members having an equal right to vote.

(5) Each member of the panel shall have the right to state his/her special opinion, which must be reasoned. Where the judge-rapporteur has to state his/her special opinion, reasoning shall be drafted by another panel member.

(6) At the hearing, rulings of the court and orders of the chair shall be pronounced orally and entered on the record.

Each act of the court must contain the following: information about the time and location of issuance; denomination of the issuing court, the case-file number in which it is issued; the names of panel members, of the prosecutor and the secretary; reasoning; an operative part and signatures of panel members.

Article 35 Criminal cases within the jurisdiction of the regional and the district court as first instance

(1) All criminal cases shall fall within the jurisdiction of the regional court, with the exception of those in respect of which the district shall have jurisdiction.

(2) the cases for crimes under the following provisions shall fall in the jurisdiction of the regional court as first instance: Articles 95-110 , 115 , 116, 118, 119, 123, 124, 131 , paragraph (2), items 1 and 2, Article 142 , 149 , paragraph (5), 152, paragraph (4), 196a, 199, 203 , 206 , paragraph (4), 212 , paragraph (5), 213a, paragraphs (3) and (4), 214, paragraph (2), 219 , 224 , 225b, 225c, 242 , 243-246, 248-250, 252-260, 278-278c , 282-283b, 287a, 301-307a , 319a - 319f, 321, 321a, 330 , paragraphs (2) and (3), 333, 334, 340-342 , 343 , paragraph (1), item (c) and paragraph (3), item (b), and paragraph (4), 349 , paragraphs (2) and (3), 350, paragraph (2), 354a, paragraphs (1) and (2) , 354b, 354c, paragraphs 2 - 4, 356f-356i, 357-360 and 407-419 of the Criminal Code

(3) Cases for publicly actionable criminal offences committed by individuals covered by immunity or by members of the Council of Ministers shall fall within the jurisdiction of Sofia City Court at first instance.

(4) Where criminal responsibility is reduced on account of subsequent circumstances, it shall not be taken into account in determining jurisdiction.

Article 36 Jurisdiction at the location of occurrence of the criminal offence

(1) The case shall fall within the jurisdiction of the court in the area of which the criminal offence has been committed.

(2) Where the criminal offence has started within the area of one court and has continued in the area of another, the case shall fall within the jurisdiction of the court in the area of which the offence was completed.

(3) Where the location in which the criminal offence has been committed cannot be determined, or where the indictment refers to several offences committed in the areas of different courts, the case shall fall within the jurisdiction of the court in the area of which pre-trial proceedings were completed.

(1) Cases for criminal offences committed abroad shall fall within the jurisdiction of:

1. The court at the place of residence of the individual, where he/she is a Bulgarian citizen or where he/she has no residence in this country - of the court, in the area of which pre-trial proceedings were completed;

(2) Where the criminal offence has been committed on a Bulgarian vessel or aircraft, outside the limits of the country, the case shall fall within the jurisdiction of the court in the area of the seaport or airport, to which said vessel or aircraft belongs.

(3) Cases for criminal offences committed by military service officers with the Armed Forces and by officers of the Ministry of the Interior who have taken part in international military or police missions abroad shall fall within the jurisdiction of Sofia Military Court.

Article 38 Jurisdiction in the event of several criminal offences committed by one and the same individual

Where charges have been pressed against one and the same person for commission of several crimes, under the jurisdiction of courts different in rank, the case for all the crimes shall be under the jurisdiction of the higher standing court, and where the courts are of equal rank - under the jurisdiction of the court under which falls the case for the gravest crime.

Article 39 Jurisdiction for setting one total punishment under several sentences

(1) Where an aggregate punishment is to be determined for several crimes, for which there are sentences that have entered into force, issued by different courts, competent shall be that court which has issued the last sentence.

(2) Where under one or more of the sentences, the trial defendant has been exempted from serving the punishment pursuant to Article 64, para 1 or Article 66 Criminal Code , the court which sets the total punishment shall also decide on its service.

(3) In the hypotheses of paras 1 and 2 the court shall also set the initial regime for the service of punishment.

Where several persons are accused of having perpetrated in complicity one or several crimes and one of the accomplices is subject to trial by a higher court, the case shall be under the jurisdiction of that higher court.

(1) Where two or more cases for different criminal offences against different individuals have a certain relationship to each other, they shall be joined if the proper elucidation thereof so requires.

(2) Where one of the cases is triable by a higher standing court, the resulting joint case shall be tried by it, and where the cases are triable by courts of equal degree - by the court, which should try the case concerned with the most serious criminal offence.

(3) The court may join two or more cases for different criminal offences against one and the same defendant, where judicial trial has not started in respect of any of them. Where one of the cases is triable by a higher court, the case shall be examined by it.

Article 42 Decision on jurisdiction and referral of a criminal case to the competent authority

(1) The court shall rule on the issue of jurisdiction, based on the statement of facts contained in the indictment.

(2) Should the court ascertain that the case is triable by another court of equal degree, it shall terminate court proceedings and shall refer the case to that court, and should it ascertain that the case is triable by a higher standing or a military court, it shall terminate court proceedings and refer the case to the respective prosecutor.

(3) Where the court finds that the case is not triable by a court, but falls within the jurisdiction of another body, it shall terminate criminal proceedings and refer the case to said body.

The Supreme Court of Cassation may decide to refer the case for trial to another court of equal standing, where:

1. Many of the accused parties or witnesses live in the area of said other court;

2. The trial defendant or the victim is a judge, prosecutor or investigator within the area of the court that shall try the case;

3. The court which shall try the case is unable to duly form a panel out of its staff.

(1) Jurisdiction disputes between courts shall be decided by the Supreme Court of Cassation.

(2) For the duration of a jurisdiction dispute, the authorities before which the case is pending shall only take actions that may not be delayed.

(1) Criminal cases disposed of by the regional court shall be tried by the district court, acting as an intermediate appellate review instance, and criminal cases disposed of by the district court, acting as first instance - by the appellate court, acting as an intermediate appellate review instance.

(2) Criminal cases shall be reviewed within cassation proceedings by the Supreme Court of Cassation.

(1) The prosecutor shall press charges of and maintain the indictment for publicly actionable criminal offences.

1. Direct the investigation and exercise constant supervision for its lawful and timely conduct in his/her capacity of a supervising prosecutor;

2. may perform investigation or separate investigative or other procedural action;

4. Take measures for the elimination of infringements on the laws pursuant to the procedures herein set forth, and exercise supervision for legality in the enforcement of coercive measures.

(3) A prosecutor at a higher position and a prosecutor with a higher prosecution office may revoke in writing or amend the decrees of prosecutors directly reporting to him/her. His/her written instructions shall be binding on them. In such cases he/she may take the necessary investigative or other procedural action alone.

(4) The Prosecutor-General of the Republic of Bulgaria shall exercise supervision for legality of and provide methodological guidance for the operation of all prosecutors.

(1) Interested individuals may request disqualification of a prosecutor in the hypotheses of Article 29, Paragraph 1, items 1, 4 - 8, and Paragraph 2.

(2) In the hypotheses of para 1, the prosecutor shall be obligated to recuse him/herself;

(4) In the course of pre-trial proceedings a prosecutor with a higher standing prosecution office, and in the course of court proceedings - the court, hearing the case, shall rule on the well-foundedness of disqualifications and recusals.

Article 48 Joinder of the prosecutor to proceedings for criminal offences prosecuted following complaint of the victim

(1) Where the victim, due to helpless state or dependency upon the perpetrator of the crime, cannot defend his or her rights and lawful interests, the prosecutor may join the proceedings initiated after a complaint by the victim, at any stage of the case, and may take up the accusation. In such cases the criminal proceedings may not be terminated on the grounds of Article 24, paragraph (4), items 3 - 5, but the victim may uphold the accusation together with the prosecutor as a private prosecutor.

(2) Where the prosecutor withdraws from proceedings, the victim may proceed with maintaining the accusation, acting as private complainant.

Article 49 Institution of the criminal proceedings by the prosecutor in the event of criminal offences actionable by private complaint of the victim

(1) In exceptional cases of crimes prosecuted on the grounds of complaint by the victim, where the latter cannot defend his or her rights and legal interests due to a state of helplessness or dependency upon the perpetrator of the crime, the prosecutor may institute criminal proceedings ex officio, provided the time limit under Article 81, paragraph (3), has not expired and there are no obstacles to institution of criminal proceedings pursuant to Article 24, paragraph (1), Items 1- 8, 10 and 11.

(2) Criminal proceedings that have been instituted shall follow the general procedure and shall not be susceptible of termination on grounds listed in Article 24, para 4.

(3) A victim may take part in criminal proceedings as a private prosecutor and a civil claimant.

(4) Where the prosecutor withdraws from proceedings, the victim may proceed with maintaining the accusation, acting as private complainant.

Article 50 Resumption of proceedings for criminal offences prosecuted following complaint of the victim
Where in the course of pre-trial proceedings it is found that the offence is prosecuted upon complaint of the victim, criminal proceedings shall not be terminated, provided the prosecutor finds that grounds under Article 49 are present.

Where the victim, on account of being underage or of a physical or mental deficiency, is unable to defend his/her rights and legal interests, the prosecutor may bring a civil action to his/her benefit.

(1) (Amended, SG No. 69/2008) Investigators and investigating police officers shall be the investigative bodies.

(2) (Amended, SG No. 69/2008) Ministry of Interior officers appointed at the position of "investigating police officers" shall be investigating police officers.

(3) The investigative bodies shall operate under the guidance and supervision of a prosecutor.

Article 53 Grounds and procedure for disqualification of the investigative bodies

(1) The provisions of Articles 47, 1-3 shall also apply to the investigative bodies, mutatis mutandis.

(2) The prosecutor shall make a pronouncement on the validity of disqualification and recusal.

(3) Pending a decision on disqualification, the challenged body shall only perform those actions which could suffer no delay.

An accused party shall be the individual, who has been constituted as party to the proceedings in this particular capacity, pursuant to the terms hereof and to the procedure herein specified.

(1) The accused party shall have the following rights: to be informed of the criminal offence in relation to which he/she has been constituted as party to the proceedings in this particular capacity and on the basis of what evidence; provide or refuse to provide explanations in relation to the charges against him/her; study the case, including the information obtained through the use of special intelligence means and take any abstracts that are necessary to him/her; adduce evidence; take part in criminal proceedings; make requests, comments and raise objections; be the last to make statements; file appeal from acts infringing on his/her rights and legal interests, and have a defence counsel. The accused party shall have the right his/her defence counsel to take part when investigative actions are taken, as well as in other procedural action requiring the attendance thereof, unless he has expressively made waiver of this particular right.

(1) A measure of remand may be applied to the accused party in a publicly actionable case where a reasonable assumption can be made on the basis of evidence case material that he/she has committed the criminal offence and where one of the grounds under Article 57 is present.

(2) Where charges are pressed in pursuance of Article 269, para 3, items 2 and 3, a remand measure shall be imposed once the accused party is found.

(3) In setting the type of remand measure, the degree of social risk inherent to the criminal offence, the evidence against the accused party, the health condition, family status, occupation, age and other personal data about the accused party shall be taken into consideration.

Remand measures shall be applied for the purpose of preventing the accused party from absconding, from committing crime or from frustrating the execution of a sentence that has entered into force.

(1) The act setting the type of remand measure shall indicate: the time and place of issuance thereof; the issuing body; the case in which it is issued; the full name of the accused party; the criminal offence for which he/she has been constituted as party to the proceedings in this particular capacity and the reasons for choice of the set measure.

(2) The act shall be served on the accused party, who shall undertake not to change his/her place of residence without notifying in writing the respective body of his/her new address.

The signed promise shall constitute an obligation undertaken by the accused party not to leave his/her place of residence without authorisation by the respective authority.

(2) The property status of the accused party shall also be taken into consideration when setting the amount of bail.

(3) Bail ordered by the pre-trial authorities may be appealed by the accused party or his/her defence counsel before the competent first-instance court within the period set for its payment. The court shall immediately hear the case in camera and issue a ruling, which shall be final.

(4) The bail may be deposited by the accused party or by another person. Where a remand measure of bail has been initially applied or a signed promise for appearance imposed as a remand measure has been subsequently transformed into bail, the respective body shall set a term for its deposition, which may not be lesser than three days and longer than fifteen days.

(5) When bail is not deposited within the time limit afforded, the court may impose on the defendant a heavier remand measure, while in pre-trial proceedings the prosecutor may file a request under Article 62, para 2 or Article 64, para 1.

(6) In the event a remand measure is transformed from a heavier one into bail, the accused party shall be released following its deposition.

(8) Bail shall be released where the accused party is exempted from criminal liability or from serving the imposed punishment, acquitted, sentenced to a non-custodial punishment or detained for the purpose of serving his/her punishment.

(1) House arrest shall constitute a prohibition on the accused party to leave from his/her dwelling without authorisation of the respective body.

(2) House arrest, as a remand measure in pre-trial proceedings, shall be taken and controlled by the court pursuant to Articles 64 and 65.

(1) The measure of remand in custody shall be applied where a reasonable assumption can be made that the accused party has committed a criminal offence punishable by deprivation of liberty or another, severer punishment, and evidence case materials indicate that he/she poses a real risk of absconding or committing another criminal offence.

(2) If the contrary is not established by evidence case materials, in the event of initial application of the measure of remand in custody, a real risk within the meaning of para 1 shall be present, where:

1. The accused party has been constituted in this capacity because of a criminal offence committed under the conditions of dangerous recidivism or repeated offending;

2. The accused party has been constituted in this capacity because of a serious intentional criminal offence and he/she has been sentenced for another serious intentional publicly actionable criminal offence to deprivation of liberty of no less than one year or to another severer punishment whose execution has not been deferred on grounds of Article 66 Criminal Code ;

3. The accused party has been constituted in this capacity because of a crime punishable by not less than ten years of deprivation of liberty or another heavier punishment.

(3) Where there is no more danger for the accused party to abscond or to commit crime, the measure of remand in custody shall be replaced with a less severe measure or shall be repealed

(4) The measure of remand in custody may not last more than one year in the course of pre-trial proceedings, where the accused party has been constituted in this capacity because of a serious intentional criminal offence, and more than two years, where the accused party has been constituted in this capacity because of a criminal offence punishable by no less than fifteen years of deprivation of liberty or a heavier punishment. In all other cases remand in custody in the course of pre-trial proceedings may not last more than two months.

(5) After expiry of the time limits under paragraph (4), the detained shall be released forthwith by order of the prosecutor.

(6) Where in the course of pre-trial proceedings the presence of grounds under para 3 is found, upon his/her own motion the prosecutor shall transform the measure of remand in custody into a less restrictive one or shall revoke it.

3. The Ministry of Foreign Affairs where the detained individual is a foreign national.

(8) If the children of the detained individual have no relatives to take care of them, they shall be placed, through the respective municipality or mayoralty, in a child nursery, kindergarten or boarding school.

(1) At the request of the prosecutor, the competent court of first instance shall apply the measure of remand in custody in the context of pre-trial proceedings.

(2) The prosecutor shall immediately ensure for the accused party to appear before court and, if needed, he/she may rule the detention of the accused party for up to 72 hours until the latter is brought before court.

(3) The Court, sitting in a panel of one, in a public hearing, at which the prosecutor, the accused party and his/her defence counsel are present, shall immediately proceed to hear the case.

(4) The court shall apply a measure of remand in custody where the grounds of Article 63, para 1 are present, and where said grounds are not present, it may refrain from applying a measure of remand or apply a less restrictive one.

(5) The court shall issue a ruling which shall be notified to the parties at the court hearing and shall be implemented immediately. Upon notifying its ruling, the court shall schedule the case for hearing before the intermediate appeallate review court within up to seven days, in case an accessory appeal or protest is filed.

(6) The ruling shall be subject to appeal and protest before the respective intermediate appellate review instance court within three days by accessory appeal or protest.

(7) The intermediate appellate review instance court shall hear the case in a panel of three judges at an open hearing in attendance of the prosecutor, the accused party and his/her defence counsel. Failure of the accused party to appear shall not be an obstacle to the examination of the case.

(8) The intermediate appellate review instance court shall make pronouncement by a ruling that is to be announced to the parties at the court hearing. The ruling shall not be subject to appeal by accessory appeal or protest.

(9) Where by virtue of a ruling in force bail has been applied as a measure of remand, the accused party who is held in custody shall be released following its deposition.

Article 65 Judicial control over remand in custody in the course of pre-trial proceedings

(1) The accused party or his/her defence counsel may request transformation of the measure of remand in custody at any time in the course of pre-trial proceedings.

(2) The request of the accused party or his/her defence counsel shall be made through the prosecutor who shall be obligated to forthwith refer the case to the court.

(3) The hearing of the case shall be scheduled within three days after the file has been received in court on the occasion of a public court hearing attended by the prosecutor, the accused party and his/her defence counsel. The case shall be heard in the absence of the accused party, where he/she does not wish to appear, having made a statement to this effect, or his/her bringing is impracticable due to his/her health condition.

(4) The court shall assess all circumstances pertaining to the lawfulness of detention and shall make pronouncement by a ruling which is to be announced to the parties at the court hearing. Upon announcing the ruling, the court shall schedule the case before the intermediate appellate review court within seven days in case an accessory appeal or protest has been filed.

(5) The ruling shall be executed forthwith after the expiry of the time limits for appeal, unless accessory protest has been filed which is not in the interest of the accused party.

(6) Where the request has been made by the accused party or his/her defence counsel and the ruling under paragraph (4) confirms the measure of remand, the court may set a time limit within which a new request from the same persons shall not be admissible. This time limit may not exceed two months after the ruling comes into force, and shall not apply where the request is based on a deterioration of the health condition of the accused party.

(7) The ruling shall be subject to appeal and protest before the respective intermediate appellate review instance court within three days.

(8) The intermediate appellate review instance court shall consider the case in a panel of three, in an open hearing, in attendance of the prosecutor, the accused party and his/her defence counsel. The case shall be examined in the absence of the accused party, where the latter declares that he or she does not wish to appear or where it is impossible to bring him/her before the court for health reasons.

(9) The intermediate appellate review instance court shall make pronouncement by a ruling that is to be announced to the parties at the court hearing. The ruling shall not be subject to appeal by accessory appeal or protest.

(10) Where by virtue of a ruling in force bail has been applied as a measure of remand, the accused party who is held in custody shall be released following its deposition.

(11) Paragraphs 1 - 10 shall also apply, mutatis mutandis, to cases where the accused party is detained due to his/her failure of depositing the amount of bail set by the court.

Article 66 Consequences of the failure to discharge obligations arising in relation to measures of remand

(1) Where the accused party fails to appear before the respective body without valid reasons or changes his/her then current place of residence without notifying said body thereof, or breaches the remand measure imposed, a measure of remand shall be applied or, if so has already been done, it shall be substituted for a more restrictive one pursuant to the procedure herein set forth.

(2) Where the measure of remand is bail, money or securities deposited shall be forfeited to the benefit of the state. In these hypotheses bail at a larger amount may be set.

(1) At the proposal of the prosecutor with consent of the victim or at the request of the victim, the competent first-instance court may prohibit the accused party from directly approaching the victim.

(2) The court shall immediately hear the proposal or request at an open hearing, at which the prosecutor, the accused party and the victim shall be heard. The ruling of the court shall be final.

(3) The prohibition shall extinguish after termination of the case by virtue of a sentence in force or where proceedings are terminated on any other ground.

(4) At any time the victim may request from the court to repeal the prohibition. The court shall make pronouncement, applying the procedure under para 2.

Article 68 Prohibition from leaving the boundaries of the Republic of Bulgaria

(1) In pre-trial proceedings, in the event where the accused party has been constituted in this capacity because of a serious intentional criminal offence punishable by deprivation of liberty or a heavier punishment, the prosecutor may prohibit the accused party from leaving the boundaries of the Republic of Bulgaria, unless he/she has given authorisation to this effect. Border control points shall immediately be notified of the imposed prohibition.

(2) The prosecutor shall rule within three days on the request for authorisation under para 1 of the accused party or his/her defence counsel.

(3) The refusal of the prosecutor shall be subject to appeal before the competent court of first instance.

(4) The court shall consider forthwith the appeal in a single-judge panel, deliberating privately, and shall make pronouncement by a ruling, thus confirming the refusal of the prosecutor or allowing the accused party to leave the boundaries of the Republic of Bulgaria for a set period. The ruling shall be final.

(5) At the request of the accused party or his/her defence counsel, the court may repeal the prohibition under para 1 in pursuance of the procedure under para 4, where there is no risk for the accused party to abscond outside this country.

(6) In court proceedings the powers pursuant to paragraphs (1) and (5) shall be exercised by the court examining the case. The ruling of the court shall be subject to appeal by accessory appeal or protest.

(1) Where the accused party has been constituted in this particular capacity on account of a publicly actionable criminal offence of intent committed in relation to his/her work and there are sufficient reasons to believe that the official position of the accused party shall set obstacles to the objective, comprehensive and thorough elucidation of the circumstances in the case, the court may remove the accused party from office.

(2) In pre-trial proceedings, the respective first instance court shall make pronouncement in a single-judge panel at an open hearing in attendance of the prosecutor, the accused party and his/her defence counsel.

(3) The ruling shall be subject to appeal by accessory appeal and protest before the respective intermediate appellate review instance court within three days.

(4) The intermediate appellate review instance court shall make pronouncement in a three-judge panel at an open hearing in attendance of the prosecutor, the accused party and his/her defence counsel. Failure of the accused party to appear without valid reasons shall not be an obstacle to the examination of the case.

(5) Where further need for the measure that was taken ceases to exist, in pre-trial proceedings removal from office shall be revoked by the prosecutor, or by the court - at the request of the accused party or his/her defence counsel pursuant to the procedure under paras 1 and 2.

(6) In court proceedings the powers pursuant to paragraph (1) shall be exercised by the court examining the case.

Article 70 Placement for examination purposes in a mental health institution

(1) In pre-trial proceedings, the competent court of first instance, sitting in a panel of one judge and two court assessors, upon request of the prosecutor, and, in court proceedings, the court trying the case, upon request of the parties or of its own motion, may place the accused party for examination purposes in a mental health institution for a period that shall not exceed thirty days.

(2) The court shall immediately make pronouncement by a ruling at an open hearing, where it shall hear an expert psychiatrist witness and the person whose placement is requested. The participation of a prosecutor and a defence counsel shall be mandatory.

(3) The ruling issued in pre-trial proceedings shall be subject to appeal by accessory appeal and protest before the respective intermediate appellate review instance court within a time limit of three days.

(4) The intermediate appellate review instance court shall make pronouncement in a three-judge panel at an open hearing in attendance of the prosecutor, the accused party and his defence counsel. Failure of the accused party without valid reasons shall not be an obstacle to examining the case.

(5) If the time limit for examination set by the court is found to be insufficient, it can be extended once by not more than thirty days as provided for in paragraph 1 - 4.

(6) The period of time where the person was lodged in a mental health institution shall be recognized as a period of remand in custody.

(1) Where the accused party fails to appear for interrogation without valid reasons, he/she shall be brought in by compulsion where his/her appearance is mandatory, or where the competent body finds this to be necessary.

(2) The accused party may be brought in by compulsion without prior summonsing where he/she has absconded or has no permanent residence.

(3) Compulsory bringing in of the accused party shall be effected in daytime, unless no delay could be suffered.

(4) (Amended SG No. 69/2008) Services of the Ministry of Justice shall effect the act of bringing by compulsion and, where the latter has been ruled by a investigating police officer in his/her capacity of an investigative body, it shall be effected by the services of the Ministry of Interior.

(5) For compulsory bringing in of prisoners, request shall be made to the administration of the respective prison or correctional institution.

(6) Military service officers shall be brought in by the respective military bodies.

(7) The decision for compulsory bringing in shall be served on the person who must be brought in.

Article 72 Measures for securing fine, confiscation, and forfeiture of objects to the benefit of the state

(1) Upon request of the prosecutor, the competent court of first instance, sitting in a panel of one, in camera, shall apply measures to secure the fine, confiscation, and forfeiture of objects to the benefit of the state, in pursuance of the procedure set forth in the Code of Civil Procedure.

(2) In the course of court proceedings the court shall take the measures under para 1 upon request of the prosecutor.

(1) The court and the bodies entrusted with pre-trial proceedings shall be obligated to explain to the victim that he/she has the right to bring, in the course of court proceedings, a civil claim for the damages caused by the offence.

(2) Upon request of the victim or his/her heirs or of the prejudiced legal person filed in the course of pre-trial proceedings, the competent court of first instance, sitting in a panel of one, in camera, shall apply measures to secure a forthcoming claim pursuant to the procedure set forth in the Code of Civil Procedure.

(3) In the hypotheses under Article 51, the measures under para 2 shall be applied upon request of the prosecutor.

(4) In court proceedings the requests under paragraphs 2 and 3 shall be examined by the court hearing the case.

(1) The person who has suffered material or immaterial damages from the criminal offence shall be a victim.

(3) The accused party shall not exercise the rights of a victim within one and the same proceedings.

(1) In addition to the rights he/she acquires in the event of being constituted as private prosecutor, private complainant or civil claimant, the victim shall also have the following rights: be informed of his/her rights within the criminal proceedings; obtain protection with regard to his/her personal safety and the safety of its close relatives and acquaintances; be informed of the progress of criminal proceedings, where he/she has expressly requested so and has provided an address for the service of process in this country; take part in the proceedings in accordance with the provisions herein made; file appeal from the acts resulting in the termination or suspension of criminal proceedings.

(2) The court and pre-trial authorities shall be obligated to explain to the victim what his/her rights are and allow him/her the opportunity to exercise these in compliance with the stipulations herein set forth.

Article 76 Individuals who may rake part in the proceedings in the capacity of private prosecutors

The victim, who has sustained material or immaterial damages from a publicly actionable criminal offence shall have the right to take part in court proceedings as private prosecutor. Following the death of this person, said right shall pass on to his/her heirs.

(1) A request for participation in court proceedings as private prosecutor can be submitted orally or in writing.

(2) The request must contain information about the individual who files it and about the circumstances on which it is based.

(3) A request must be filed until the beginning of judicial trial before the court of first instance at the latest.

(1) The private prosecutor shall maintain the accusation in court along with the prosecutor.

(2) The private prosecutor may continue maintaining the accusation also after the prosecutor has made a statement that he/she will not maintain it any further.

The private prosecutor shall have the following rights: to examine the case-file and obtain the excerpts he/she needs; to produce evidence; to take part in court proceedings; to make requests, comments and to raise objections, as well as to file appeal from acts of the court where his or her rights and legal interests have been infringed upon.

Article 80 Individuals who may rake part in the proceedings in the capacity of private complainant

An individual who has suffered from a criminal offence prosecuted following a complaint of the victim may bring charges and maintain the accusation before court as a private complainant. After the death of the individual, said rights shall pass on to his/her heirs.

(1) The complaint must be in writing and contain information about the author, the individual against whom it is filed, and about the circumstances surrounding the criminal offence. A document evidencing the payment of a state fee shall be enclosed with it.

(3) The complaint must be filed within six months from the date when the victim became aware that a criminal offence has been committed or from the day on which the victim received notice for termination of pre-trial proceedings on grounds that the offence is actionable following a complaint of the victim.

(1) The private complainant shall have the following rights: to examine the case-file and obtain the excerpts he/she needs; to produce evidence; to take part in court proceedings; to make requests, comments and to raise objections, as well as to file appeal from acts of the court which infringe upon his or her rights and legal interests, and to withdraw his/her complaint.

(2) The private complainant may also be constituted in the course of court proceedings as a civil claimant in the hypotheses and pursuant to the procedure herein specified.

The victim and the accused party shall have the right to request cooperation by the bodies of the Ministry of Interior for the collection of information which they themselves cannot collect.

(1) The victim or his or her heirs and the legal persons, which have sustained damages from the criminal offence, may file in the course of court proceedings a civil claim for compensation of the damages and be constituted as civil claimants.

(2) A civil claim may not be lodged in the course of court proceedings where it has already been lodged pursuant to the Code of Civil Procedure.

(1) The application for a civil claim shall indicate: the full name of the author and of the individual against whom the claim is filed; the criminal case in which it is filed; the criminal offence which has caused the damages, as well as the nature and amount of damages for which compensation is claimed.

(3) A civil claim may be filed until the beginning of judicial trial before the court of first instance at the latest.

Civil claims in court proceedings may be filed both against the defendant in court and against other persons who incur civil liability for the damages caused by the crime.

(1) The civil claimant shall have the following rights: take part in court proceedings; demand security for the civil claim; examine the case-file and obtain excerpts that he/she needs; produce evidence; make requests, comments and raise objections, as well as to file appeal from acts of the court which infringe upon his or her rights and legal interests.

(2) The civil claimant shall be allowed to exercise the rights under para 1 inasmuch as he/she needs to substantiate his/her civil claim, in terms of grounding and amount.

(1) In the course of court proceedings, the civil claim shall be examined pursuant to the rules of this Code, and Code of Civil Procedure shall apply insofar as no relevant rules are herein contained.

(2) The examination of a civil claim shall not make grounds for the continuation of a criminal case.

(3) Where court proceedings are terminated, the civil claim shall not be examined; however it may be filed before a civil court.

Article 89 Individuals who take part in the proceedings as civil respondents

Persons against whom a civil claim has been filed shall, with the exception of the defendant in court, take part in the court proceedings as civil respondents.

(1) The civil respondent shall have the following rights: take part in the court proceedings; examine the case-file and obtain the excerpts he/she needs; produce evidence; make requests, comments and raise objections, as well as file appeal from acts of the court which infringe upon his or her rights and legal interests.

(2) The civil respondent shall be allowed to exercise the rights under para 1, inasmuch as he/she needs to substantiate his/her civil claim, in terms of grounding and amount.

Article 91 Individuals who may take part in the proceedings as defence counsels

(1) The defence counsel for the accused party may be an individual who practices the legal profession.

(2) The defence counsel may also be the spouse, an ascendant or descendant of the accused party.

1. Any individual who has also been or is defence counsel to another accused party, where the defence of the one is contradictory to the defence of the other;

2. Any individual who has represented or has given advice to another accused party, where the defence which is to be assigned to him/her stands in contradiction to the defence of the other accused party;

4. Any individual who has participated in the proceedings in another procedural capacity;

5. Any individual who is the spouse, relative of direct descent, without limitation in degree, or of collateral descent up to the fourth degree or by marriage - up to the third degree, of a judge, court assessor, prosecutor or an investigative body involved in the case.

Individuals who may not be defence counsels, shall be obligated to recuse themselves. Should they fail to do so, the appropriate body shall remove them from participation in the criminal proceedings ex officio or at the request of the party concerned.

(1) The defence counsel shall be chosen and authorised by the accused party, except in the hypotheses herein provided for.

(2) The power of attorney shall be made out in writing and shall be signed by the accused party and the defence counsel.

(3) The defence counsel may certify copies of the power of attorney granted to him/her and may sub-authorise, with consent of the accused party, another individual to act as defence counsel.

(4) Before court, authorisation may be given orally, at the court hearing. On this occasion authorisation shall be entered in the record from the hearing, which shall also be signed by the accused party.

(5)The power of attorney shall be valid in the entire course of criminal proceedings, unless otherwise agreed.

(1) Participation of the defence counsel in criminal proceedings shall be mandatory in cases where:

2. The accused party suffers from physical or mental deficiencies, which prevent him/her from proceeding at his/her own defence;

3. the case is concerned with a criminal offence punishable by deprivation of liberty of no less than ten years or another heavier punishment;

5. The interests of the accused parties are contradictory and one of the parties has his/her own defence counsel;

6. Where a request under Article 64 has been made or the accused party is remanded in custody;

9. The accused party cannot afford to pay a lawyer fee, wishes to have a defence counsel and the interests of justice so require.

(2) In cases falling under para 1, items 4 and 5, the participation of a defence counsel shall not be mandatory, provided the accused party makes a statement he/she wishes to dispense with having a defence counsel.

(3) Where participation of a defence counsel is mandatory, the respective body shall appoint a lawyer as a defence counsel.

(4)The appointed defence counsel shall be removed from the criminal proceedings if the accused party authorises another defence counsel.

The defence counsel may not withdraw from the accepted defence, except where it becomes impossible for him/her to carry out his or her obligations for reasons beyond his or her control. In the latter case the defence counsel shall be obligated to notify the accused party and the relevant authorities.

Article 96 Waiver of counsel by the accused party and replacement of defence counsel

(1) The accused party may, at any time during the proceedings, make waiver of having a defence counsel, except in cases under Article 94, paragraph (1), items 1 - 3 and 6 .

(2) The replacement of a defence counsel by another may take place at the request or with consent of the accused party.

(1) The defence counsel may join criminal proceedings from the moment an individual is detained or has been constituted in the capacity of accused party.

(2) The body entrusted with the pre-trial proceedings shall be obligated to explain to the accused party that he/she has the right to defence counsel, as well as to immediately allow him/her to contact one. Said body shall be prevented from taking any action within the context of investigation, as well as any other procedural action involving the accused party until it has been acquitted of this obligation.

(1) The defence counsel shall be obligated to render legal assistance to the accused party and to contribute by all his/her actions to elucidate all factual and legal circumstances in favour of the accused party, guided by inner conviction, which shall be based on evidence in the case and the law.

(2) The defence counsel shall be obligated to agree the basic lines of defence with the accused party. Where the defence counsel is of the opinion that the basic lines of defence suggested by the accused party are incompatible with his or her duties, he or she shall inform the accused party in due course and shall proceed with the defence, provided he or she is not removed from the criminal proceedings pursuant to the procedure specified to this effect.

(3) A defence counsel shall not be allowed to refuse the provision of legal assistance to the accused party on specific matters of the indictment under the pretext that the latter has yet another lawyer.

(1) The defence counsel shall have the following rights: meet the accused party in private; to examine the case-file and obtain excerpts he/she needs; produce evidence; take part in the criminal proceedings; make requests, comments and raise objections, as well as to file appeal from acts of the court and of the bodies entrusted with the pre-trial proceedings which infringe upon the rights and legal interests of the accused party. The defence counsel shall have the right to take part in all investigative actions involving the accused party, his failure to appear not being an obstacle to their progress.

(2) Participation of a defence counsel shall not be an obstacle for the accused party to exercise his/her rights under Article 55 in person.

(1) The private prosecutor, the private complainant, the civil claimant and the civil defendant may each authorise their own counsel.

(2) Where the private prosecutor, private complainant, civil claimant or civil respondent submits evidence of not having sufficient funds to hire a lawyer and wishes to have a counsel and the interests of justice so require, the court hearing the case at first instance shall appoint counsel for him/her.

(3) The provisions of Articles 91, 92 and 93 shall apply also to the counsel, mutatis mutandis.

(1) Where the interests of the child or young person victim and his/her parent, custodian or guardian are contradictory, the respective body shall appoint for him/her a special representative who is a lawyer.

(2) A special representative who is a lawyer shall also be appointed for the victim, where he/she is incapacitated or has limited capacity and his/her interests stand in contradiction to those of his/her custodian or guardian.

(3) The special representative shall participate as attorney in the criminal proceedings.

(4) The provisions of Articles 91, paragraph 3 and 92 shall also apply to the special representative mutatis mutandis.

1. the fact that a criminal offence has been committed and the involvement of the accused party therein;

3. Other circumstances of relevance to the responsibility of the accused party, also including his/her family or financial status.

(1) The burden of proving the accusation in publicly actionable cases shall lie with the prosecutor and the investigative bodies, and in cases actionable by complaint of the victim - with the private complainant.

(2) The accused party shall not be obligated to prove that he or she is not guilty.

(3) No inferences may be made to the detriment of the accused party on account of the fact that he or she has not provided, or refuses to provide explanations, or has not proved his/her objections.

Evidence in the criminal proceedings may be factual data related to the circumstances in the case, such that contribute to their elucidation and are ascertained by the procedure provided for by this Code.

(1) Objective forms of evidence shall serve for the reproduction of evidence and of other objective forms of evidence in the context of criminal proceedings.

(2) No objective forms of evidence shall be admitted, unless they have been collected or prepared in compliance with the terms and pursuant to the procedure herein specified.

Evidence in the criminal proceedings shall be established with the techniques herein provided for.

(1) The bodies entrusted with pre-trial proceedings shall collect evidence ex officio or at the request of the interested individuals.

(2) The court shall collect evidence following requests made by the parties, and of its own motion, whenever this is necessary to the discovery of the objective truth.

(3) The court and the bodies entrusted with pre-trial proceedings shall collect and verify both evidence which exposes the accused party or aggravate his or her responsibility, and evidence which exonerates the accused party or attenuates his or her responsibility.

(4) Collection of evidence may not be refused only because a request has not been made within the time limit set to this effect.

Article 108 Investigative action and judicial trial action taken by lettersrogatory or in another area

(1) Investigative action and judicial trial action by letters rogatory shall be allowed where it has to be performed outside the area of the body which is in charge of the case and where its performance by said body gives rise to serious difficulties.

(2) Where decreed by court, a procedure by letters rogatory shall be performed by the respective regional judge, and where decreed by a body entrusted with pre-trial proceedings - by the respective body entrusted with the pre-trial proceedings.

(3) The body who is in charge of the case may, where necessary, also take individual actions under para 1 in the area covered by another body.

The following shall be collected and checked as material evidence: objects intended or used for the perpetration of the crime, upon which there are traces of the crime or which were subject of the crime, as well as all other objects which may serve to elucidate the circumstances in the case.

Article 110 Description, taking photographs and enclosure of material evidence with the case

(1) Material evidence must be carefully examined, described in detail in the respective record, and photographed, if possible.

(2) Material evidence shall be enclosed with the case file while measures are taken to avoid damaging or changing such evidence.

(3) Where a case file is transferred from one body to another, material evidence shall be transferred together with the case-file.

(4) Material evidence which, on account of size or other reasons, cannot be enclosed with the case-file, must be sealed, if possible, and left for safekeeping at the places indicated by the respective authority.

(5)Money and other valuables must be deposited for safekeeping with a commercial bank servicing the National budget or with the Bulgarian National Bank.

(1) Material evidence shall be kept until the completion of criminal proceedings.

(2) Objects seized as material evidence, may be returned to rights holders from whom they had been taken with authorisation of the prosecutor before the end of criminal proceedings only where this will not obstruct the discovery of the objective truth and they do not make the object of administrative violations.

(3) A refusal of the prosecutor under para 2 shall be subject to appeal by the rights holder before the competent court of first instance. The court shall rule on the appeal within three days of the submission thereof, sitting in a panel of one and in camera, by a ruling which shall be final.

(4) Perishable objects seized as material evidence which cannot be returned to the rights holders from which they had been taken shall be delivered to the respective institutions and legal entities with the authorisation of the prosecutor to be used in accordance with their designation or shall be sold and the proceeds shall be deposited with a commercial bank, servicing the National budget.

(5) Drugs, precursors and drug containing plants may be destroyed prior to the completion of criminal proceedings under the terms and in pursuance of the procedure specified in the Narcotic Substances and Precursors Control Act . In this hypothesis only representative samples seized shall be kept until the completion of proceedings.

(1) Except in the hypotheses specified in Article 53 Criminal Code , the objects seized as material evidence shall be forfeited to the benefit of the state where the ownership thereof has not been established and within one year following the completion of criminal proceedings they have not been claimed.

(2) Objects seized as material evidence, the possession of which is forbidden, shall be delivered to the respective institutions or destroyed.

(3) Letters, papers or other written instruments seized as material evidence, shall remain enclosed to the case file or shall be delivered to the interested institutions, legal and natural persons.

In the case of a dispute over rights to objects seized as material evidence, which is subject to examination pursuant to the Code of Civil Procedure, they shall be kept pending a decision of the civil court coming into force.

Evidence shall be established through oral, material and written objective forms of evidence.

(1) The accused party shall give explanations orally and directly before the respective body.

(2) The accused party shall not be interrogated by letter rogatory or through a video conference, except where he or she is outside the territory of the country and the interrogation will not obstruct the discovery of the objective truth.

(3) The accused party may provide explanations at any moment during the investigation and the judicial trial.

(1) The accusation and the sentence may not be solely based on the confessions of the accused party.

(2) A confession of the accused party shall not exempt the respective bodies from their obligation to collect other evidence in the case as well.

Witnesses testimony may be used to establish all facts perceived by a witness, which contribute to elucidating the objective truth.

(1) Individuals who have taken part in the same criminal proceedings in another procedural capacity may not have the capacity of witnesses, except for:

1. The accused party, once proceedings have terminated or been disposed of by a sentence in force with regard to him/her.

3. The certifying witnesses, as well as officers of the Ministry of Interior or the Military Police who attended during observation and related searches and seizures.

(2) Individuals who have taken investigative or judicial trial action may not have the capacity of witnesses, even where records of action taken by them have not been drafted in accordance with the terms and in pursuance of the procedure herein provided for.

(3) Individuals, who on account of physical or mental deficiencies are unable to properly perceive the facts of significance in the case, or give reliable testimonies about them, may not have the capacity of witnesses, either.

The spouse, ascendants, descendants, brothers, sisters of the accused party and the individuals with whom he/she lives together may refuse to testify.

(1) Witnesses shall be obligated to appear before the respective body where summonsed; to state everything they know about the case and answer the questions put thereto, as well as to remain at the disposal of the body who has summonsed them as long as this may be necessary.

(2) Witnesses who cannot appear because of illness or disability, may be interrogated at the place they are located.

(3) A witness who fails to appear at the specified place and time and to testify shall be punished by fine of up to BGN one hundred, and shall be brought in by compulsion for the purposes of interrogation pursuant to the procedure set forth in Article 71. Where a witness can show some valid reasons for his/her failure to appear, the fine and compulsory bringing shall be repealed.

(4) A witness who refuses to testify outside the hypotheses of Article 119 and Article 121 shall be punished by fine of up to BGN five hundred.

Article 121 Circumstances of which witnesses shall not be obligated to testify

(1) Witnesses shall not be obligated to testify on questions, the answers to which might incriminate them, their relatives of ascending and descending line, brothers, sisters, spouses or individuals with whom they live together, in the commission of crime.

(2) Witnesses may not be interrogated on circumstances which were confided thereto as defence counsel or attorney.

(1) Witnesses shall have the following rights: to use notes about figures, dates etc., available with them and which refer to their testimony; to receive remuneration for the lost workday and to be reimbursed for any expenses incurred, as well as to request revocation of acts that infringe upon their rights and lawful interests.

(2) The witness shall have the right to consult a lawyer, where he/she believes that by answering the question his/her fundamental rights under Article 121 are infringed upon. Where a request to this effect has been made, the investigative body or the court shall allow for this possibility.

(1) The prosecutor, the judge-rapporteur or the court shall, upon request or with consent of the witness, take measures for his/her immediate protection, should there be sufficient grounds to assume that, as a result of testimony, a real threat has arisen or may arise to the life, health or property of the witness, his/her ascending and descending relatives, brothers, sisters, spouse or individuals with whom he is in a particularly close relationship.

(2) Witness protection shall be of a temporary nature and be provided by means of:

(3) Personal physical protection may also be provided to ascending or descending relatives, brothers, sisters, the spouse or individuals with whom the witness is in a particularly close relationship, with their consent or with consent from their statutory representatives.

(4) The act of the respective body on the provision of witness protection shall indicate:

5. Information about the identity of the individual for whose protection arrangements are made;

6. The identification code given to the individual whose identity is kept secret;

(5) The respective bodies of pre-trial proceedings and the court shall have direct access to the protected witness, while the defence counsel and the counsel may have such access only if the witness has been summonsed upon their request.

(6) The measures for protection under paragraph 2 shall be withdrawn upon request of the person, in respect of whom they have been taken, or in the event of elimination of the need for application of such measures, through an act of the body under paragraph (1).

(7) In order to ensure the protection of the life, health or property of individuals under para 1, who have given their written consent, special intelligence means may be used.

(8) Within up to thirty days of taking a measure under para 2, the prosecutor or judge-rapporteur may propose the inclusion of the witness or his/her ascending or descending relatives, siblings, spouse or of the persons with whom he/she is in particularly close relationships into the protection programme subject to the conditions and procedure of the Protection of Individuals at Risk in Relation to Criminal Proceedings Act .

Article 124 Evidentiary force of testimony provided by a secret identity witness

The indictment and the sentence may not be based only on testimony of witnesses, made pursuant to Article 141.

Article 125 Preparation and attachment to the case file of material evidence

(1) Where material evidence cannot be separated from the place, where it was found, and also in other cases specified by this Code, the following shall be prepared: photographs, slides, films, video tapes, sound-recordings, recordings on carriers of computerized data, layouts, schemes, casts or prints thereof.

(2) The court and the authorities entrusted with pre-trial proceedings shall also collect and inspect the objective forms of evidence prepared with the use of special intelligence means in the hypotheses herein set forth.

(3) The materials under the paragraphs 1 and 2 shall be enclosed with the case file.

(1) Objective forms of material evidence shall be prepared, where possible, by the persons conducting investigative actions and judicial trial actions.

(2) Where special knowledge and training are needed for that purpose, a specialist - technical assistant shall be appointed.

(3) The persons indicated under Article 148, paragraph (1), may not be specialists - technical assistants.

(4) The specialist - technical assistant shall carry out the task assigned thereto under the direct supervision and guidance of the body who appointed him/her.

(5) For failure to appear or refusal, without good reasons, to carry out the task assigned thereto, the specialist - technical assistant shall be held responsible pursuant to Article 149, paragraph (5).

Records of action taken for investigation at judicial trial and of other procedural action, as well as records for the preparation of material objective forms of evidence and other documents shall constitute written objective forms of evidence.

For every investigative action and judicial trial action a record shall be drawn up at the place where it is performed.

(1) Records shall include: the date and place of the investigative actions and judicial trial actions; the time of their commencement and completion; persons who took part in them; any requests, comments, and objections made; the actions performed in their order of succession and the evidence collected.

(2) The record shall be signed by the authority which has taken the respective action, as well as by the other participants in criminal proceedings in the hypotheses herein set forth.

All corrections, amendments and supplements to the records must be certified by signature of the persons undersigned.

Records drawn up in compliance with the conditions and procedure specified by this Code, shall be objective forms of evidence for the performance of the respective actions, the procedure used for their performance and of the evidence collected.

(1) The preparation of material objective forms of evidence shall be registered in the record for the respective action or in a separate record which shall be signed by the body conducting the actions and by the specialist - technical assistant.

(2) The preparation of material objective forms of evidence obtained through the use of special intelligence means shall be reflected in a record of proceedings signed by the head of service which has prepared the material objective form of evidence, wherein the following shall be specified:

1. The time and location where a special intelligence means has been applied and the respective material objective forms of evidence have been prepared;

4. A textual reproduction of the content of the material objective form of evidence.

(3) The following shall be enclosed with records under para 2: the request for use of a special intelligence means, the written consent of the persons under Article 123, para 7, the authorisation for use thereof and an order of the Minister of Interior or of a Deputy Minister thereby authorised in pursuance of the Special Intelligence Means Act .

(4) Material objective forms of evidence shall be an integral part of the record under para 2 and they shall be enclosed with the case.

(1) Upon request by the interested person, the court or the body entrusted with pre-trial proceedings shall issue a certificate thereto, by virtue of which the state and public bodies shall be obligated to supply such person with the necessary documents within their competence.

(2) For failure to discharge his/her obligation under para 1 without any valid reasons, the respective official shall be imposed a fine between BGN one hundred to one thousand.

Where a document has been drawn up in a foreign language, it shall be accompanied by translation in Bulgarian, duly certified under the established procedure, or a translator shall be appointed.

Computerized data shall have to also be stored on paper carriers following the procedure set out in Article 163, paragraph 7

(1) Evidence shall be collected and verified within criminal proceedings through interrogation, expert assessment, seizure, re-enactment of the crime and identification of persons and objects, as well as through special intelligence means.

(2) When applying the techniques under para 1 in respect to lawyers and Notaries-Public, the provisions of the Bar Act and the Notaries and Notarial Practice Act shall apply.

(1) In pre-trial proceedings the observation, search, seizure, re-enactment of crime and identification of individuals and objects shall be conducted in presence of certifying witnesses.

(2) Certifying witnesses shall be selected by the body performing the respective investigative action from among persons without any other procedural capacity who are not interested in the outcome of the case.

(3) Certifying witnesses shall be obligated to appear once they have been invited and remain available as long as needed. For failure to comply with their obligations, certifying witnesses shall be liable as witnesses.

(4) Certifying witnesses shall have the following rights: make comments about and raise objections against omissions and violations of the law that have been allowed; request corrections, changes and supplements to the record; sign the record with a separate opinion, submitting their arguments in writing to this effect; request rescission of the acts infringing upon their rights and legal interests; receive adequate remuneration and have the expenses incurred by them reimbursed.

(5) The authority in charge of performing an investigative action shall explain to certifying witnesses their rights under para 4.

(1) The interrogation of the accused party shall take place in daytime, except where it may suffer no delay.

(2) Before interrogation, the respective body shall establish the identity of the accused party.

(3) The interrogation of the accused shall begin with the question whether he or she understands the charges pressed against him/her, after which the accused party shall be asked to tell in the form of free narration, if he or she wishes, everything that he or she knows in relation to the case.

(4) Questions may be put to the accused party for supplementing his/her explanations or for removing any omissions, ambiguities or contradictions.

(5) The questions must be clear, concrete and relevant to the circumstances of the case. They should not suggest answers or lead to a particular answer.

(6) Where several persons have been constituted as accused parties, the investigative body shall interrogate them separately.

(7)The accused party shall not be interrogated by letter rogatory or through a video conference, except where he or she is outside the territory of the country and the interrogation will not obstruct discovery of the objective truth.

(1) Prior to interrogation of the witness his or her identity shall be established, and the relations thereof with the accused party and with the other participants in the proceedings. In cases under Article 123, para (2), item 2, the identification code of the witness shall be entered in the record to substitute for his/her identity data.

(2) The body conducting the interrogation shall invite the witness to testify in good faith and warn him or her of the responsibility under the law if he or she refuses to do so, gives false testimony or withholds certain circumstances, also explaining him/her the right under Article 121.

(3) The witness shall promise to tell in good faith and exactly everything to his or her knowledge about the case.

(4) The persons under Article 119 shall be explained their right to refuse to testify.

(5) Witnesses shall state in the form of free narration all that may be known to them about the case.

(6) The provisions of Article 115, paragraph (1), Article 138, paragraphs (4) and (5) shall also apply to the interrogation of witnesses, mutatis mutandis.

(7) The interrogation of a witness outside the territory of the country may also be carried out through a video or phone conference, in compliance with the provisions of this Code and with the stipulations of an international treaty to which the Republic of Bulgaria is a party.

(1) Children shall be interrogated as witnesses in the presence of a pedagogue or psychologist, and where necessary, also in the presence of their parent or guardian.

(2) Young persons shall be interrogated as witnesses in the presence of the persons under paragraph 1, if the respective body finds this necessary.

(3) With authorisation of the body conducting the interrogation, the persons under paragraph (1) may put questions to the witness.

(4)The body conducting the interrogation shall explain to the witness who is a child the necessity of giving true testimony, without warning him/her about any responsibility.

(1) Pre-trial bodies and the court shall interrogate the witness with a secret identity and undertake all possible measures to keep his or her identity secret, also in cases where witnesses are interrogated outside the territory of the country, through a video or phone conference.

(2) Transcripts of the records for interrogation of the witness that do not bear his/her signature should be submitted forthwith to the accused party and to the defence counsel thereof, and in court proceedings - to the parties who may put questions to the witness in writing.

(3) The interrogation of an under cover officer, as well as of persons in respect to whom a measure for protection under Article 6, para 1, items 3, 4 and 5 of the Protection of Individuals at Risk in Relation to Criminal Proceedings Act shall be conducted in pursuance of paragraphs 1 and 2.

Article 142 Interrogation of the accused party through a translator or interpreter

(1) Where the accused party does not speak the Bulgarian language, a translator shall be appointed.

(2) Persons indicated under Article 148, paragraph (1), items 1 - 3, may not be translators.
(3) For failure to appear or refusal to fulfil the work assigned, translators shall be held liable pursuant to Article 149, paragraph (5).

(1) Where there is substantial contradiction between the explanations of the accused party or between the explanations of the accused party and the testimony of witnesses, a confrontation between them may be arranged, except in cases under Article 123, paragraph 2, item 2.

(2) The confronted persons shall be asked before interrogation whether they know each other and what are their relations.

(3) By authorisation of the respective body, confronted persons made may put questions to each another.

(4) Where there is substantial contradiction between the testimony of witnesses, paragraphs 1-3 shall apply, except in cases under Article 123, paragraph 2, item 2.

(1) Where special knowledge is necessary in the field of science, art or technology, for the purpose of elucidating some circumstances of the case, the court or the body of pre-trial proceedings shall appoint an expert assessment.

4. the capability of the accused party to correctly perceive facts of significance to the case, in view of his/her physical or mental status, and to give reliable explanations in relation to them.

5. the capability of the witness to correctly perceive facts of significance to the case, in view of his/her physical or mental status, and to give reliable testimony on them.

(1) The act for appointment of an expert assessment shall set forth: the grounds which necessitate expert assessment; the object and purpose of the expert assessment; the materials placed at the disposal of the expert; the full name, education, specialty, academic degree, academic title and position of the expert or name of the institution at which the expert works, the name of the medical institution at which hospital observations shall be made.

(2) Where the expert assessment has been appointed at pre-trial proceedings, the act under para 1 shall also specify the period for presentation of conclusions.

(1) The authority which appoints the expert assessment may require from the accused party samples for comparative study, where these may not be otherwise obtained.

(2) Para (1) shall also apply to witnesses, should it be necessary to check whether they have left traces at the scene of crime or on pieces of material evidence.

(3) Individuals under para 1 and 2 shall be obligated to present the samples required for comparative study and in the event of refusal samples shall be taken by coercion with authorisation of the respective first-instance court.

(4) Where samples for a comparative study are concerned with taking blood samples or other similar interventions requiring penetration of the human body, sample taking shall be performed by a person with medical competency under the observation of a physician following medical practice rules and without threatening the health of the individual.

The expert assessment shall be assigned to specialists in the respective area of science, art or technology.

1. persons with regard to whom the grounds under Article 29, para (1), items 1 - 5 and 7 - 8 and para (2) are at hand;

3. persons of official or other dependence upon the accused or the defence counsel thereof, upon the victim, the private complainant, the civil claimant, the civil defendant or upon their counsels;

4. the persons who have conducted an audit, of which the materials have served as grounds for the institution of investigation;

5. persons who do not possess the required professional competency, if such competency is required.

(2) In the hypotheses of para 1, the expert witness shall be obligated to recuse him/herself;

(3) The interested parties shall file applications for disqualification before the body which has appointed the expert assessment.

(1) The expert witness shall be obligated to appear before the respective body where summonsed and to submit a conclusion on the issues of expert assessment.

(2) An expert may refuse to submit a conclusion only where the questions asked fall beyond the framework of his/her specialty or where the available materials are not sufficient for him/her to form an informed view on the matters at stake.

(3) The expert witness shall submit his/her conclusion at pre-trial proceedings within the time limit set by the authority in charge of pre-trial proceedings, whereas during court proceedings - no later than five days from the date of the court hearing.

(4) The expert witness shall submit his/her conclusion in court with copies for the parties.

(5) For failure to appear or refusal to submit a report without valid reasons, the expert shall be punished by fine of up to BGN two hundred. If the expert witness indicates valid reasons for his/her failure to appear, the fine shall be withdrawn.

(6)An expert who is outside the territory of the country may be interrogated through a video or phone conference, where so required in view of the circumstances of the case.

(1) The expert shall have the following rights: to familiarize himself with the materials in the case file which refer to the issues of the expert assessment; to require additional materials and to take part in conducting individual investigative actions, if necessary, in order to fulfil the task assigned thereto; to receive remuneration for the work done, and reimbursement for the expenses incurred, as well as to demand reversal of acts which infringe upon his/her rights and lawful interests.

(2) Where there is more than one expert witness, they shall have the right to deliberate prior to submitting a conclusion. Should they be of unanimous opinion, the experts may appoint one of them to present before the respective body a joint conclusion, and where they are of different opinions each one shall submit a separate conclusion.

Article 151 Inspection of the eligibility requirements in respect to the expert witness and service of the act for his/her appointment

(1) The body who has appointed the expert assessment shall summon the expert witnesses, verify their identity, specialty and competence, their relations with the accused party and the victim, as well as whether there are grounds for disqualification.

(2) The act for appointment of expert assessment shall be served on the expert witness, whereupon the rights and obligations shall be explained thereto, as well as the responsibility should he/she submit a false conclusion.

(1) After performing the necessary studies, the expert witness shall draw up a conclusion in writing indicating the following: full name and grounds for conducting the expert assessment; place of conducting the expert assessment; the task that was set; materials which were used; studies made and research and technical means applied; findings and inferences of the expert assessment.

(3) Where in the course of conducting the expert assessment new materials are found of significance for the case, but in connection with which no task has been set to the expert, the expert witness shall be obligated to point them out in the conclusion.

An additional expert assessment shall be appointed where the conclusion of the expert is not sufficiently comprehensive and clear, and a second expert assessment shall be appointed if the conclusion is not well justified and gives rise to doubts about its correctness.

(1) The conclusion of an expert shall not be binding upon the court and the bodies of pre-trial proceedings.

(2) Where a body disagrees with the conclusion of an expert, it shall be obligated to provide reasons thereof.

(1) The court and the bodies of pre-trial proceedings shall make observations of locations, premises, objects and persons in order to reveal, to examine directly and to preserve in compliance with the procedure established by this Code, traces of the crime and other data necessary for the elucidation of circumstances in the case.

(2) Measures shall be taken prior to the observation to prevent deletion of traces from the crime.

(1) The observation shall be effected in the presence of certifying witnesses, except where it takes place at a court hearing.

(2) Where necessary, observation on site shall be performed in the presence of an expert witness or specialist - technical assistant.

(3) In the course of observation on site everything shall be examined as found, and any dislocations necessary shall be made after that.

(4)Observations on site shall be carried out in daytime, except in cases which may suffer no delay.

(1) The observation of a body shall be conducted, if possible, at the location where it was discovered, in the presence of a forensic expert witness, and where no such expert is available - in the presence of another physician.

(2) The burial of the body subject of the observation shall be carried out with authorisation of the prosecutor.

(3) Exhumation of a body shall be allowed by order of the court or of the prosecutor, in the presence of a forensic expert.

(4) Reinterment of a body shall be allowed with authorisation of the body which has ordered the exhumation.

(1) The physical examination of a person should not allow actions which may offend the person's dignity or such that are hazardous to the person's health.

(2) Where the examined person must be undressed, the certifying witnesses must be of the same gender. If the official who must perform the physical examination is of another gender, the examination shall be made by a physician.

(3) The physical examination of a person in pre-trial proceedings shall be performed with his/her written consent, and without such a consent - with a authorisation by a judge from the respective first instance court, in the area of which the action is taken, upon request of the prosecutor.

(4) In urgent cases, where this is the only possible way to collect and keep evidence, the bodies of pre-trial proceedings may perform physical examination without prior authorisation, and the record of the examination shall be submitted for approval by the prosecutor to the judge forthwith, and no later than 24 hours.

Article 159 Obligation to hand over objects, papers, computerised data, data about subscribers to computer information service and traffic data

Upon request of the court or the bodies of pre-trial proceedings, all institutions, legal persons, officials and citizens shall be obligated to preserve and hand over all objects, papers, computerized data, including traffic data, that may be of significance to the case.

(1) Should there be sufficient reasons to assume that in certain premises or on certain persons objects, papers or computerized information systems containing computerized data may be found, which may be of significance to the ease, searches shall be conducted for their discovery and seizure.

(2) A search may also be conducted for the purpose of finding a person or a body.

(1) In pre-trial proceedings search and seizure shall be performed with a authorisation by a judge from the respective first instance court or a judge from the first-instance court in the area of which the action is taken, upon request of the prosecutor.

(2) In cases of urgency, where this is the only possible way to collect and keep evidence, the bodies of pre-trial proceedings may perform physical examination without authorisation under paragraph 1, the record of the investigative action being submitted for approval by the supervising prosecutor to the judge forthwith, but not later than 24 hours thereafter.

(3) In court proceedings a search and seizure shall be performed following a decision of the court which is trying the case.

(1) Searches and seizures shall be conducted in the presence of certifying witnesses and of the person who uses the premises, or of an adult member of the person's family.

(2) Where the person who uses the premises or a member of his/her family cannot attend, the search and seizure shall be effected in the presence of the house manager or of representative of the municipality or mayor's office.

(3) Searches and seizures in premises used by state and/or municipal services shall be effected in the presence of a representative of the service.

(4) Searches and seizures in premises used by a legal person shall be performed in the presence of a representative thereof. Where no representative of the legal person may be present, the search and seizure shall be carried out in the presence of a representative of the municipality or mayoralty.

(5) Searches and seizures in premises of foreign missions and of missions of international organizations or in dwellings of their employees who enjoy immunity with respect to the criminal jurisdiction of the Republic of Bulgaria, shall be conducted with the consent of the head of mission and in the presence of a prosecutor and a representative of the Ministry of Foreign Affairs.

(6) Where searches and seizures concern computerized information systems and software applications, these shall be conducted in presence of an expert- technical assistant.

(1) Searches and seizures shall be performed in daytime, except where they can suffer no delay.

(2) Before proceeding with a search and seizure, the respective body shall submit the authorisation therefore, and shall ask the objects, papers, and computerized information systems containing computerized data sought to be shown to him/her.

(3) The body performing the search shall have the right to forbid those present to contact other persons or each other, as well as to leave the premises until completion of the search.

(4) No actions may be undertaken during searches and seizures, which are not necessitated by their purposes. Premises and storerooms shall only be forcefully opened in the case of refusal to be opened, unnecessary damage being avoided.

(5) Where in the course of searches and seizures circumstances of the intimate life of citizens are revealed, measures shall be taken as necessary so that they are not be made public.

(6) The objects, papers and computerized information systems containing computerized data seized shall be shown to the certifying witnesses and the other attending persons. Where necessary, these shall be wrapped and sealed at the location where they had been seized.

(7) Seizure of computerized data shall be operated through record on paper or another carrier. In case of a paper carrier, each page shall be signed by the persons under Article 132, para 1. In other cases the carrier shall be sealed with a note stating: the case, the body performing the seizure, the location, date, and names of all individuals present under Article 132, para 1 who shall sign it.

(8) Carriers prepared in pursuance of para 7 will only be unsealed with the authorisation of the prosecutor for the needs of the investigation, which shall be carried out in presence of certifying witnesses and an expert- technical assistant. In court proceedings carriers shall be unsealed upon decision of the court by an expert technical assistant.

(1) The search of a person in pre-trial proceedings without authorisation by a judge from the respective first instance court or a judge from the first-instance court in the area of which the action is taken shall be allowed:

2. should there be sufficient grounds to believe that persons who are present at the search have concealed objects or papers of significance to the case.

(2) The search of a person shall be performed by an individual of the same gender in the presence of certifying witnesses of the same gender.

(3) The record of the performed investigative action shall be submitted for approval to the judge forthwith, but not later than 24 hours thereafter.

(1) Interception and seizure of correspondence shall be allowed only where this is necessary for disclosure or prevention of serious crime.

(2) Interception and seizure of correspondence in pre-trial proceedings shall be performed upon request of the prosecutor with the authorisation of a judge from the respective first instance court or a judge from the court in the area of which the action is taken.

(3) In court proceedings search and seizure of correspondence shall be performed by a decision of the court which is trying the case.

(4) The interception and seizure of correspondence shall be carried out in pursuance of Article 162, paras 1 - 4.

(5)The provisions of paragraphs 1 - 4 shall also apply to searches and seizures of electronic mail.

The court and the bodies of pre-trial proceedings may perform re-enactment of the crime, in order to check and elucidate data, obtained from the interrogation of the accused, the witnesses, or from another investigative actions or judicial trial action.

The re-enactment of crime shall be allowed provided the dignity of the participating persons shall not be offended, and provided their health shall not be exposed to any danger.

(1) The re-enactment of crime shall be carried out in the presence of certifying witnesses, except where it is carried out at a court hearing.

(2) Where necessary, the re-enactment of crime shall also be attended by an expert or specialist - technical assistant.

(1) Identification shall be performed where, in order to elucidate the circumstances of the case, it is necessary to confirm the identity of persons and objects.

(2) Pre-trial bodies and during court proceedings - the court trying the case shall propose to the accused party or the witness to identify certain persons or objects.

Immediately prior to the identification, the accused party and the witnesses shall be interrogated whether they know the person or the object they are to identify; about the peculiarities by which they may be identified; about the circumstances under which the have observed the persons or objects; as well as about their status at the time they have apprehended the person or object to be identified.

(1) The identification shall be effected in the presence of certifying witnesses, except where it takes place at a court hearing.

(2) A person shall be presented for identification together with three or more persons, similar in appearance to that person and measures shall be taken to avoid direct contact of that person with the identifying person.

(3) Based on a decision of the body carrying out the identification, it may be so conducted that the identifying person will avoid direct contact with the identified person. A witness with a secret identity may only take part in an identification as an identifying person.

(4)Where it is not possible to present the real person, a photograph thereof shall be shown, together with photographs of three or more persons, similar in appearance.

(5) Objects shall be presented for identification together with the objects of the same kind.

(6) Where several accused parties or witnesses have to proceed with the identification of persons or objects, they shall be shown separately to each of the identifying persons, measures being taken for the identifying persons not to make direct contact with each other. A simultaneous identification by several individuals shall be inadmissible.

(7) The accused or the witness shall be asked to point out the person or object referred to in their explanations or testimonies, and to explain how they identified them.

Article 172 Material objective forms of evidence prepared with the use of special intelligence means

(1) Pre-trial bodies may use the following special intelligence means: technical means - electronic and mechanical devices and substances that serve to document operations of the controlled persons and sites, as well as operational techniques - observation, interception, shadowing, penetration, marking and verification of correspondence and computerised information, controlled delivery, trusted transaction and investigation through an officer under cover.

(2) Special intelligence means shall be used where this is required for the investigation of serious criminal offences of intent under Chapter one , Chapter two , Sections I, II, IV, V, VIII, and IX, Chapter five , Sections I - VII, Chapter six , Section II - IV, Chapter eight , Chapter nine "a" , Chapter eleven , Sections I - IV, Chapter twelve , Chapter thirteen , and Chapter fourteen , as well as with regard to criminal offences under Article 219 , para 4, proposal 2, Article 220 , para 2, Article 253 , Article 308, paras 2, 3 , and 5, sentence two, Article 321 , Article 321a, Article 356k and 393 of the Special Part of the Criminal Code, where the irrelevant circumstances cannot be established in any other way or this would be accompanied by exceptional difficulties.

(3) Computer information service providers shall be under the obligation to provide assistance to the court and pre-trial authorities in the collection and recording of computerized data through the use of special technical devices only where this is required for the purposes of detecting crimes under paragraph 2

(4) The special intelligence means of controlled delivery and trusted transaction may be used to collect material evidence, whereas under cover officers shall be interrogated as witnesses.

(1) A written reasoned request for the use of special intelligence means in a specific case at pre-trial proceedings shall be filed by the prosecutor supervising the investigation to the court.

1. Information about the criminal offence for the investigation of which the use of special intelligence means is required;

3. Information about the persons or sites in respect to which special intelligence means are to be applied;

(3) Where the request is for investigation through an officer under cover, a written declaration by the officer shall be enclosed with it, stating that he/she has been informed of his duties and the objectives of the specific investigation.

(4) In urgent cases where this is the only possible way to conduct investigation, an officer under cover may also be used following an order of the prosecutor supervising the investigation. The activity of the officer under cover shall terminate where within 24 hours no authorisation is given by the respective court, which shall also rule with respect to the storage or destruction of the information collected.

(5) In cases under Article 123, para 7 written consent from the person in respect to whom special intelligence means are to be used shall also be enclosed with the request.

(1) The authorisation for use of special intelligence means shall be given in advance by the Chairperson of the respective District Court or by a Deputy Chairperson explicitly authorized thereby.

(2) The authorisation for use of special intelligence means in respect of the military shall be given in advance by the Chairperson of the respective military court or by a Deputy Chairperson explicitly authorised thereby.

(3) The body under para 1 and 2 shall rule immediately following receipt of a request in a written reasoned order.

(4)Under the conditions and procedure of paras 1 and 2, authorisation for use of special intelligence means may be given as well by the Chairperson of the respective Appellate Court or by a Deputy Chairperson explicitly authorised thereby, should the body pursuant to paragraphs (1) and (2) refuse to grant the requested authorisation.

(5) An order for investigation through an officer under cover must specify the criminal offence in respect to which investigation is authorised, officer identity data, cover identity data and an identification number.

(6) A special register shall be kept in the respective court for the requests made and the authorisations issued under paras 1 and 2, which shall not be public.

Article 175 Procedure and term for the application of special intelligence means for the needs of criminal proceedings

(1) The special intelligence means shall be applied in pursuance of the Special Intelligence Means Act only by the respective services of the Ministry of Interior.

(2) The Minister of Interior shall issue an order in writing for the application of special intelligence means by the services under paragraph (1), on the grounds of the authorisation under Article 174.

(3) The term for application of special intelligence means may not exceed two months.

(4) Where needed, the term under para 3 may be extended in pursuance of Article 174, by no more than four months.

(6) In the event of discontinuing the use of special intelligence means the body that has issued the authorisation should be notified immediately in writing, with indication of the reasons thereof. In cases under para 5, item 2, it shall order the destruction of the primary material carrier containing the information collected.

Article 176 Preparation of material objective forms of evidence obtained through the use of special intelligence means

When using special intelligence means, material objective forms of evidence shall be prepared in two copies and within 24 hours of their preparation they shall be sealed and handed over to the prosecutor who has requested the authorisation or, respectively, the court, which has given it.

Article 177 Evidentiary force of data obtained through the use of special intelligence means

(1) The indictment and the sentence may not be based only on data from special intelligence means or on these only and on testimony of witnesses with a secret identity.

(2) No results obtained outside the request made under Article 173 can be used in criminal proceedings, unless they contain information about another serious crime of intent under Article 172, para 2.

Article 178 Bodies and persons through whom summonses, subpoenas and papers shall be served

(1) Summonses, subpoenas and papers shall be served by officials with the respective court, the bodies of pre-trial proceedings, municipality or mayor's offices.

(2) Where service cannot be implemented pursuant to the paragraph (1), it shall be effected through the services of the Ministry of the Interior or of the Ministry of Justice.

(3) Serving on servicemen shall be effected through the respective unit or military institution.

(4) Service on employees and workers may be effected through the employer or officer thereof entrusted with receiving papers.

(6)Service on persons deprived of liberty and on those remanded in custody shall be effected through the respective institutions.

(7)Service on natural and legal persons, as well as on institutions located abroad shall be effected in compliance with the legal assistance agreement with the respective country, and where there is no such agreement - through the Ministry of Foreign Affairs.

(8) In urgent cases summonsing may be effected by telephone, telex, or telefax. Summonsing by telephone or telefax shall be certified in writing by the officer who has carried it out, and by telex - with the written confirmation that the message has been received. This procedure for summonsing shall not apply to the accused party.

(9) The presence of witnesses under Article 141 shall be ensured by the prosecutor.

(1) The following shall be indicated in the summons: name of the issuing institution, case file number and year of its institution; name and address of the person summonsed; capacity in which such person is summonsed; location, date and time for which the person is summonsed and the consequences of non-appearance.

(2) The summons that is sent to the accused party shall read his/her right to appear with a defence counsel.

(3) The summons that is sent to the private complainant or the persons who may be constituted as private prosecutor, civil claimant or respondent, shall read their right to appear with a counsel.

(4) The subpoena shall indicate the procedural action performed or such that the person should perform.

(1) Summonses, subpoenas and papers shall be served against receipt signed by the person for whom they are intended.

(2) Where the person is absent, they shall be served on an adult member of the person's family, and if there is no adult member of the family - on the house steward or janitor, as well as on a room-mate or neighbour, where the latter assume the obligation to deliver them.

(3) Where summonses, subpoenas, and papers are addressed to the attention of the accused party, a private prosecutor, a private complainant, the plaintiff or respondent, who is absent and their service on individuals under paragraph 2 is impossible, service may be effected upon their counsel or lawyer, should the latter agree to receive them.

(4) If the recipient or person under paras 2 and 3 cannot sign or refuses to sign, the serving person shall make a note thereof in the presence of at least one person who shall sign.

(5)Service on an institution or a legal person shall be effected against signature of the official charged with the reception of papers.

(6) The person through whom service is effected shall sign a receipt with the obligation to deliver the summons, subpoena or papers to the person they are intended for.

(7)The serving person shall note on the receipt the name and address of the person through whom service is effected and his/her relation to the person on whom the summons, subpoena or papers have to be served.

(1) The official who has effected the service, shall return a receipt in due course and it shall be enclosed with the case file.

(2) The following shall be indicated in the receipt: the date of service and the name and position of the person who has effected the service.

(1) Officials who fail to discharge their duties related to service shall be punished by fine of up to BGN five hundred.

(2) The same punishment shall also be imposed on persons under Article 180, paras (2), (3) and (5), who fail to fulfil their duties related to service.

(2) A term calculated in days shall start running on the following day and shall expire at the end of the last day.

(3) A term calculated in weeks and months shall expire on the respective day of the last week or on the respective date of the last month. Where the last month has no respective date, the term shall expire on the last day of such month.

(4)Where the last day of the month is a holiday, the term shall expire on the first forthcoming business day.

A term shall be considered as observed provided until expiry the application, complaint, appeal or other papers have been received by the respective body, the post office, another court, the prosecution office or an investigative body, the institution where the person is serving a punishment or has been remanded in custody, the unit in which a serviceman is doing his military service or the diplomatic or consular mission, if the person is abroad.

(1) The term set by the court or by the bodies of pre-trial proceedings may be extended, provided there are good reasons therefore and the request has been filed prior to its expiry.

(2) If the term under para (1) has been missed due to valid reasons, the respective body may set a new term.

(1) The term set by law may be restored, provided it has been missed for valid reasons.

(2) Applications for restoration of term shall be filed with the court or the body of pre-trial proceedings within seven days following the date on which the reasons for missing the term have ceased to be effective.

(3) Concurrently with filing an application for the restoration of a term, the action the term for which has been missed shall also be performed.

(4) Upon request of the interested party, the implementation of the action the term for which has been missed, may be stayed.

(5) An application for the restoration of a term shall be examined within seven days following receipt.

(6) The restoration of a term by the court shall be decided at a court hearing to which the parties shall be summonsed.

(1) Costs for criminal proceedings shall be covered from amounts specified in the budget of the respective institution, except in cases specified by law.

(2) In cases of crime actioned on the basis of a complaint by the victim filed with the court, costs shall be deposited in advance by the private complainant, and if they are not deposited, the private complainant shall be given a term of seven days to deposit them.

(3) In cases actioned by complaint of the victim filed with the court, costs in relation to the evidentiary claims made by the defendant in court shall be covered by the court's budget.

(1) The amount of costs shall be determined by the court or the body of pre-trial proceedings.

(2) The remuneration of witnesses - workers or employees, shall be determined by the court.

(1) The court shall decide on the issue of costs with the sentence or with a ruling.

(2) Costs for translation during pre-trial proceedings shall be at the expense of the respective body, and those during court proceedings shall be at the expense of the court.

(3) Where the accused party is found guilty, the court shall sentence him/her to pay the costs for the trial including attorney fees and other expenses for the defence counsel appointed ex officio, as well as the expenses incurred by the private prosecutor and the civil claimant, where the latter have made a request to this effect. In presence of several sentenced persons, the court shall apportion the costs payable by each of them.

(4) Where the accused party is found not guilty on some charges, the court shall sentence the accused to pay only the costs incurred in connection with the charge under which he/she has been found guilty.

(1) Where the accused party is acquitted or criminal proceedings are terminated, all costs in publicly actionable cases shall remain at the expense of the state, and those in cases actionable following a complaint of the victim shall be at the expense of the private complainant.

(2) For the costs awarded a writ of execution shall be issued by the first instance court.

Pre-trial proceedings shall be carried out in publicly actionable criminal cases.

Pre-trial proceedings shall comprise the investigation and action taken by the prosecutor following completion of the investigation.

Article 194 Distribution of cases during pre-trial proceedings among the investigative bodies

1. publicly actionable criminal offences under Article 95 - 110 , 357 - 360 and Article 407 - 419 Criminal Code ;

2. (supplemented, SG No. 109/2007) criminal offences committed by individuals enjoying immunity, members of the Council, judges, prosecutors and investigators of Ministers or civil servants with the Ministry of Interior or in the State Agency for National Security;

(2) (Amended, SG No. 69/2008) In cases other than those specified in paragraph (1), investigation shall be carried out by investigating police officers.

Article 194a Investigation on the basis of evidence supplied by the State Agency for National Security (New, SG No. 109/2007)

(1) The investigation on the basis of evidence supplied by the State Agency for National Security shall be carried out by a prosecutor.

(2) In cases as per paragraph 1, the prosecutor may also delegate such investigation, or certain actions pertinent thereto, to an investigator.

(1) Pre-trial proceedings shall be carried out in the area corresponding to the area of the court competent to try the case.

(2) Pre-trial proceedings may be carried out in the area where the crime was discovered or at the location of the domicile of the accused party, or at the domiciles of most of the accused parties or most of the witnesses is located, where:

1. the accused party has been constituted in this particular capacity on account of several offences committed in the areas of different courts;

2. this is necessitated with a view to securing expeditiousness, objectivity, comprehensiveness and completeness of the investigation;

(3) Issues under the para 2 shall be decided by the prosecutor in the area where pre-trial proceeding were initiated. Until pronouncement of the public prosecutor, only investigative actions which may suffer no delay shall be performed.

(4) Outside the cases under paragraph (2), following authorisation of the Prosecutor General pre-trial proceedings may also be carried out in another area with a view to completer investigation of the offence.

Article 196 Guidance and supervision of the prosecutor over the investigation

1. constantly control the progress of investigation, studying and inspecting all case materials;

4. remove the investigative body, where he has committed a violation of the law or is not capable of ensuring the correct conduct of the investigation;

6. assign to the respective bodies of the Ministry of Interior the implementation of individual actions related to the discovery of the crime;

7. revoke on his own motion or on the basis of a complaint by the interested individuals decrees of investigative bodies.

(2) Apart from para 1 powers, the supervising prosecutor shall directly monitor the lawfulness of the investigation and its completion within the set period.

Written instructions of the prosecutor to the investigative body shall be binding and shall not be subject to objections.

(1) Investigation materials may not be made public without authorisation by the prosecutor.

(2) Should it be necessary, the pre-trial body shall warn, against signature, the persons attending at investigative actions that they may not make public, without authorisation, any case materials, and that otherwise they shall be held responsible pursuant to Article 360 of the Criminal Code .

(1) In pre-trial proceedings the prosecutor and the investigative bodies shall make pronouncement by decrees.

(2) Each decree shall comprise: information about the time and place of its issuance, the issuing body, the case in which it is issued; reasons; operative part and signature of the issuing body.

Decrees of investigative bodies shall be appealed before the prosecutor. Decrees of the prosecutor, that are not subject to judicial review, shall be appealed before a prosecutor with a higher-standing prosecution office whose decree shall not be subject to further appeal.

(1) Appeals against decrees of pre-trial bodies may be oral or in writing. Appeals in writing must be signed by the appellant, and for oral appeals record shall be drawn up, which shall be signed by the appellant and by the person who receives it.

(2) Appeals shall be filed through the body which has issued the decree, or directly to the prosecutor competent to examine it. In the former case the appeals shall be forwarded immediately to the respective prosecutor accompanied with written observations.

(1) Appeals shall not stay the execution of the appealed decree, unless the respective prosecutor has ruled otherwise.

(2) The prosecutor shall be obligated to make a pronouncement on any appeal within three days following its receipt.

(1) The investigative body shall take all measures to ensure the timely, lawful and successful completion of investigation.

(2) The investigative body shall be obligated within the shortest possible period to collect the necessary evidence required for the discovery of the objective truth, being guided by the law, his/her inner conviction and the instructions of the prosecutor.

(3) The investigative body shall report systematically to the prosecutor on the progress of investigation, discussing therewith the possible versions and all other matters of relevance to the lawful and successful completion of investigation.

(4) The investigative body shall also take investigative and other procedural action during times where the case has been sent to court in relation to a measure of procedural coercion.

Pre-trial bodies shall widely use the assistance of the public in order to discover the criminal offence and to elucidate the circumstances of the case.

(1) Where they come to know about a perpetrated publicly actionable criminal offence the citizens shall be publicly obligated to notify forthwith a body of pre-trial proceedings or another state body.

(2) Where they come to know about a perpetrated publicly actionable criminal offence the officials must notify forthwith the body of pre-trial proceedings and take the necessary measures for the preservation of the general setup and data about the crime.

(3) In cases under paras 1 and 2 pre-trial bodies shall immediately exercise their powers to institute criminal proceedings.

The investigation may be carried out in the absence of the accused party pursuant to the provisions of Article 269, paragraph (3), provided this will not hinder the discovery of the objective truth.

(1) Pre-trial proceedings shall be instituted where there is a statutory occasion and sufficient information about the perpetration of a crime.

(2) In the hypotheses set out in the Special Part of the Criminal Code, publicly actionable proceedings shall be instituted following complaint of the victim addressed to the prosecution office and these shall not be susceptible of termination on grounds of Article 24, para 1, item 9.

(3) The complaint shall be required to contain information about the author and to be signed by him/her.

The following shall be considered statutory occasions for the commencement of investigation:

1. a notice sent to the pre-trial bodies of the perpetration of a criminal offence;

2. information about a perpetrated criminal offence, distributed by the mass media;

3. appearance of the perpetrator in person before the pre-trial bodies with a confession about a perpetrated crime;

(1) The notice of a perpetrated crime must contain data about the person who is the author thereof. Anonymous notices shall not be statutory occasions for the commencement of investigation.

(2) Notices may be oral or written. Written notices may be legal occasions for the commencement of investigation only where signed. Oral notices shall be put down in a record to be signed by the individual making the statement and the body taking it.

Where the perpetrator appears in person pre-trial bodies shall establish the identity of the person and shall draw up a record with detailed statement of the confession. The record shall be signed by the appearing person and the body before which confession was made.

(1) Sufficient data for institution of pre-trial proceedings shall be considered to be at hand, where a reasonable assumption can be made that a crime has been committed.

(2) No data shall be necessary, from which inferences can be made about the persons who have perpetrated a crime, or about the applicable criminal law in order to institute pre-trial proceedings.

(2) Pre-trial proceedings shall be considered instituted upon drafting the act for the first investigative action, when observation of the crime scene and related searches, seizures and interrogation of eye witnesses are conducted, provided their immediate performance is the only possible way to collect and preserve evidence.

(3) The investigative body that has performed such action under para 2 shall immediately notify the prosecutor, and in any event shall do so no later than 24 hours thereof.

(1) The prosecutor may refuse to institute pre-trial proceedings, of which the victim or his/her heirs, the prejudiced legal person and the person who has given a notice, shall be notified.

(2) Of his/her own motion or following appeal of the persons under para 1 a prosecutor with a higher-standing prosecution office may repeal the decree under para 1 and order the institution of pre-trial proceedings and the commencement of investigation.

(1) The following shall be indicated in the decree for institution of pre-trial proceedings: date and place of its issuance; the issuing body; statutory occasion and data on the basis of which pre-trial proceedings are instituted, and the investigative body, which has drafted the decree.

(2) Where pre-trial proceedings are instituted in pursuance of the procedure under Article 212, para 2, in addition to the circumstances under Article 129, the record for the first investigative action shall also specify the statutory occasion and the data indicating that a criminal offence has been perpetrated.

(1) Where the perpetrator of a criminal offence is unknown, in addition to the investigative action the prosecutor shall assign the respective Ministry of Interior bodies with establishing the identity of and tracing down the perpetrator.

(2) In cases under paragraph 1, where the respective bodies of the Ministry of Interior consider they have collected sufficient data incriminating a certain individual in the perpetration of a crime, they shall deliver the materials collected to the investigative body and shall immediately notify the prosecutor.

(1) Where evidence is collected in the case of the involvement of more individuals, the prosecutor may take the materials concerning non-identified and non-located individuals in a separate case.

(2) Where evidence is collected in the case of several criminal offences committed by one and the same individual, the prosecutor may take materials concerning some of the offences in a separate case.

(1) Where two or more cases for different criminal offences against different individuals have a certain relationship to each other, they shall be joined if so required for the proper discovery of the objective truth.

(2) The prosecutor may join two or more cases concerning different offences against one and the same accused party.

(1) Where necessary, the investigative body may request from another investigative body to perform separate investigative actions.

(2) Should the investigative body so request, the bodies of the Ministry of Interior shall be obligated to assist him/her in carrying out separate investigative actions .

Article 219 Constituting the accused party and presentation of the decree to this effect

(1) Where sufficient evidence is collected for the guilt of a certain individual in the perpetration of a publicly actionable criminal offence, and none of the grounds for terminating criminal proceedings are present, the investigative body shall report to the prosecutor and issue a decree to constitute the person as accused party.

(2) The investigative body may also constitute the accused party in this particular capacity upon drafting the act for the first investigative action against him/her, of which it shall report to the prosecutor.

(3) In the decree for constitution of the accused party and the record for actions under para 2 the following shall be indicated:

3. The full name of the individual constituted as accused party, the offence on account of which he/she is constituted and its legal qualification;

4. Evidence on which such constitution is based, provided this will not obstruct the investigation;

6. The rights of the accused party under Article 55, including his/her right to decline to provide explanation, as well as the right to have authorised or appointed counsel.

(4) The investigative body shall present the decree for constitution to the accused party and his/her defence counsel, allowing them to gain knowledge of its full content and, where needed, giving additional explanations. The investigative body shall serve against a signature a copy of the decree on the accused party.

(5) Where the accused party has not authorised a defence counsel and request to organise his/her defence, the investigative body shall postpone the presentation of the decree for constitution and the interrogation of the accused party for a period of up to 72 hours, issuing summons anew.

(6) If the accused party again appears without defence counsel, the investigative body shall present him/her with the decree for constitution, appointing him a defence counsel in cases under Article 94, para 1.

(7) The investigative body may not take investigative action involving the accused party until he/she has acquitted himself of the duties under paras 1 - 6.

(1) No individual enjoying immunity shall be constituted as accused party. Criminal prosecution in respect of such individual on account of the same crime shall be instituted once he/she is divested of immunity, if no other bars thereto are present.

(2) Where the accused party acquires immunity, criminal proceedings shall be stayed, measures for procedural coercion taken against him/her being withdrawn. In this case proceedings may resume in respect to the other accused parties, provided this will not hinder the discovery of the objective truth.

Following presentation of the decree for constitution of the accused party, the pre-trial body shall immediately proceed with the interrogation of the accused party in pursuance of Article 138.

(1) Should the pre-trial body deem it appropriate, the interrogation shall be made before a judge from the respective first instance court or the court in the area of which the action is taken with the participation of a defence counsel, if such exists. In this case the file is not presented to the judge.

(2) For the interrogation under paragraph (1) the respective body shall secure the appearance of the accused party and his defence counsel.

(3) Insofar as no special rules have been introduced, interrogation under paragraph 1 shall be conducted following the rules of judicial trial.

(1) If there is a risk for the witness failing to appear before court because of serious illness, prolonged absence from the country or for other reasons that make impossible his/her appearance at a court hearing, as well as where it is necessary to affix the testimony of a witness that is of exceptional importance for the discovery of the objective truth, the interrogation shall be carried out before a judge from the respective first instance court or the court in the area of which the action is taken. In this case the file is not presented to the judge.

(2) The pre-trial body shall secure the appearance of the witness and shall make it possible for the accused party and his defence counsel, if such exists, to participate in the interrogation.

(3) Insofar as no special rules have been introduced, interrogation under para 1 shall be conducted following the rules of judicial trial.

(4) The accused party or his/her defence counsel may request for the pre-trial body the interrogation of a witness under para 1. Refusal shall be put down in a record signed by the respective body, the accused party and his/her defence counsel.

Where the provisions of this Code do not provide for attendance of the accused party, of his/her defence counsel or of the victim and his/her counsel in conducting the respective investigative actions, the pre-trial body may allow them to attend, provided this shall not obstruct the investigation.

Where during investigation the presence of grounds is found require the application of a law concerning a criminal offence punishable by a more serious sanction or the factual circumstances have considerably changed, or new offences need to be introduced or new individuals need to be constituted, the investigative body shall report this to the prosecutor and perform a new constitution of the accused party.

(1) Where the investigative body finds that all investigative action necessary to discover the objective truth has been taken, he/she shall report the case to the prosecutor.

(2) The prosecutor shall verify whether the investigation has been lawful, objective, comprehensive and complete.

(3) Where the prosecutor finds that during investigation a serious violation of procedural rules has been made or that evidence required for the discovery of the objective truth has not been collected, or that a new constitution is required, he/she shall alone take the required action or instruct the investigative body to perform it.

(1) Following completion of action under Article 226, the investigative body shall present the investigation.

(2) The accused party and his/her defence counsel shall be summonsed to be presented with the investigation.

(3) The victim and his/her counsel, provided they have submitted a request to this effect, shall be summonsed for the presentation of the investigation.

(4) Where the accused party or his/her defence counsel do not appear, the investigative body shall schedule a new presentation of the investigation within 72 hours, if the participation of a defence counsel is mandatory, or if the accused has not been able to authorise such counsel in good time but wishes to organise his/her defence.

(5) Where the accused party again appears without authorised counsel, the investigative body shall present him/her with the investigation, appointing a defence counsel in cases under Article 94, para 1.

(6) Failure of the victim or his/her counsel to appear where validly summonsed, shall not be grounds for scheduling a new presentation. The investigation shall not be presented to the victim where he/she has not be located at the address for the service of process indicated by him/her in this country.

(7) Prior to presenting the investigation, the investigative body shall explain to the attending persons their rights.

(8) The investigation shall be presented, the investigative body placing at the disposal of the attending persons all relevant materials for examination.

(9) The prosecutor may present the investigation where he/she has alone taken the actions under Article 226, para 3. In this case the prosecutor shall not draft a final decree.

(1) The investigative body shall set a term for examination of the materials, depending upon the factual and legal complexity of the case, the volume of the file and other circumstances which may be of significance for the duration of the examination.

(2) Where some of the attending persons are not in a position to examine the materials, the investigative body shall be obligated to explain the latter to them and, if necessary, to read the materials out to them.

(3) Where a person refuses to examine the materials, the refusal and the reasons therefore shall be noted down in the record for presentation of the investigation.

(1) After examination of the materials, the respective persons may make requests, remarks and objections.

(2) The written requests, remarks and objections shall be enclosed with the case file, and the verbal ones shall be entered into the record for presentation of the investigation.

(1) The persons who have requested additional investigative actions, may attend during the performance of the latter.

(2) Upon completion of the additional actions, the investigative body shall present the investigation for a second time.

Upon final completion of the investigation, the investigative body shall draw up a final decree.

(1) The investigative body shall draft an accusatory decree where he/she finds that the perpetrated criminal offence and the involvement of the accused party have been substantiated beyond doubt.

(2) The following shall be indicated in brief in the factual part of the accusatory decree: the crime committed by the accused; the time, place and manner of its perpetration; the victim and the amount of damages; data about the personality of the accused party, the evidence on the basis of which the specified circumstances are established, and the legal qualification of the act.

(3) The following shall be indicated in the concluding part of the accusatory decree: the prosecutor office to which the case file shall be forwarded; the date and place of drawing up the decree and the name and position of its author.

(4) The following shall be enclosed with the accusatory decree: a list of persons to be summonsed to the court hearing; information about the remand measures taken, indicating the date of detention of the accused, if the measure is remand in custody or house arrest; information about the documents and the material pieces of evidence; information about the expenses incurred and information about the measures taken to secure the claims; as well as information about placement of children in cases under Article 63, paragraph (8).

Article 233 Decree for termination or suspension of the criminal proceedings

(1) Should he/she find that there are legal grounds therefore, the investigative body shall draw up a decree for termination or suspension of the criminal proceedings.

(2) The following shall be indicated in the decree under paragraph (1): the offence on account of which the individual has been constituted as accused party; the grounds on which criminal proceedings should be terminated or suspended; the date and place of drawing up the final decree and the name and position of its author.

Article 234 Time limit for carrying out the investigation.Time limit for measures of procedural coercion

(1) Investigation shall be completed and the file shall be sent to the prosecutor within two months at the latest, as from the date of institution thereof.

(2) The prosecutor may set a shorter limit. Should this time prove insufficient the prosecutor may extend it to the expiry of the term under paragraph 1.

(3) Upon request of the prosecutor, where the case presents factual or legal complexity, a prosecutor with a higher-standing prosecution office may extent the time limit under para 1 by no more than four months. In exceptional cases this time limit may be extended by the Prosecutor-General.

(4) A request for extension of the time limit shall be sent no later than fifteen days prior to expiry of the periods under paras 1 and 2. It shall state the reasons making it impossible the complete the investigation in due course, the investigative actions taken, as well as any forthcoming actions due.

(5) The prosecutor with a higher-standing prosecution office or the Prosecutor-General may set a shorter time limit than requested. In this case the extension shall occur in pursuance of paras 2 and 3.

(6) The prosecutor who extends the time limit for completion of the investigation shall also make a pronouncement on the measures of procedural coercion.

(7) Investigative actions taken outside the time limits under paras 1 - 3 shall not generate legal effect and the evidence collected may not be used before court for the issuance of a sentence.

(8) Measures of procedural coercion taken in respect to the accused party shall be revoked by the prosecutor after expiry of more than two years of constitution of the accused party, in cases of serious crimes and of more than one year - in all other cases.

(9) If the prosecutor fails to discharge his/her duty under para 8, the measures of procedural coercion shall be revoked at the request of the accused party or his/her defence counsel by the respective first-instance court.

(10) The court shall issue as a single-judge panel a ruling which shall be subject to appeal within three days before the intermediate appellate review instance court.

(11) The intermediate appellate review instance court shall make pronouncement in a three-judge panel sitting in camera by a decree which shall be final.

After drawing up the final decree, the investigative body shall immediately forward the file to the prosecutor.

Article 236 Sound and video recordings. Presentation and service of records for investigative actions

(1) The pre-trial body shall present the record for the investigative action to the persons who have participated in their performance, in order to enable them to get acquainted with it, or shall read it out to them upon their request.

(2) The pre-trial body shall explain to each person the right to request corrections or changes and additions to the record. The requests made shall be entered into the record.

(3) Where some of the persons who have taken part in the investigative actions refuse or are not in a position to sign the record, the pre-trial body shall make a note thereof and shall also state the reasons.

(4) A copy of the record for search, personal search, seizure and personal examination shall be served on the person with respect to whom such investigative actions have been conducted.

(1) The record of interrogation shall comprise the following data about the person interrogated: full name, date and place of birth, citizenship, nationality, education, family status, occupation, place of work and position, residence, record of previous convictions and other data, which may be of significance for the case. In the cases of Article 123, paragraph (2), item 2, the identity data shall not be entered in the record.

(2) Explanations and testimonies shall be recorded in the first person, verbatim, if possible.

(3) Where necessary, the questions and the answers shall be recorded separately.

(4) The interrogated persons shall certify with their signatures that the explanations or depositions have been correctly recorded. If the record is written on several pages, the interrogated persons shall sign on each page.

(5) The interrogated persons may, if they wish so, set forth in their own hand the explanations or testimonies given orally. In this case the pre-trial body may ask additional questions.

(1) At the request of the person interrogated or at the initiative of the pre-trial body, a sound recording may be made of which the person interrogated shall be informed prior to the beginning of interrogation.

(2) The sound recording shall contain the information indicated in Article 129, paragraph (1), and Article 237.

(3) The sound recording of part of the interrogation or the repetition, especially for the sound recording, of part of the interrogation, shall not be allowed.

(4) Upon completion of the interrogation the sound recording shall be played in full to the person interrogated. Additional explanations and testimonies shall also be reflected in the sound recording.

(5)The sound recording shall end with a declaration by the person interrogated that it reflects correctly the explanations and testimonies given thereby.

(1) The investigative body shall draw up interrogation record also where a sound recording has been made.

(2) The record shall comprise: the major circumstances of the interrogation; the decision to make a sound recording; the notification of the person interrogated of the sound recording; the remarks made by the person interrogated in relation to the sound recording; the reproduction of the sound recording before the person interrogated and the statement of the pre-trial body and of the person interrogated as to the correctness of the sound recording.

(3) The sound recording shall be enclosed with the record, after it has been sealed with a note indicating: the body conducting the interrogation; the case, the name of the person interrogated and the date of interrogation. The note shall be signed by the pre-trial body and the interrogated person.

(4) Breaking the seal of the sound recording for the needs of investigation shall be allowed only by authorisation of the prosecutor and in the presence of the person interrogated. While playing the sound recording, the person interrogated shall also be present.

(5)After hearing, the sound recording shall be sealed again, pursuant to paragraph (3).

The provisions of Articles 237 -239 shall apply to making video recording, mutatis mutandis.

Sound and video recordings may also be made in other investigative actions, with due application of the provisions of Articles 237 - 239.

Chapter eighteen
ACTION TAKEN BY THE PROSECUTOR
FOLLOWING COMPLETION OF THE INVESTIGATION

(1) After receiving the case, the prosecutor shall terminate, suspend criminal proceedings, make a proposal for exemption from criminal liability with the imposition of an administrative sanction or a proposal for agreement to dispose of the case, or press new charges with an indictment, provided grounds to this effect are present.

(2) Where upon presentation of the investigation the investigative body has made considerable procedural violations, the prosecutor shall instruct him/her to remove these or shall remove them him/herself.

(3) The prosecutor shall exercise his/her powers under paras 1 2 within the shortest possible term, but not later than one month after receipt of the case file.

2. should the prosecutor find that the involvement of the accused party in the offence has not been proved;

(2) In the decree, the prosecutor shall also decide on issues pertaining to material evidence and revoke the measures of procedural coercion, as well as the measure securing the civil claim, where grounds for the imposition of the latter no longer exist.

(3) Copies of the decree for termination of the criminal proceedings shall be sent to the accused party and to the victim or his/her heirs, or to the prejudiced legal person who may, within seven days from the receipt thereof, appeal it before the respective first instance court.

(4) The court shall hear the case in a panel of one judge sitting in camera no later than 7 days following submission of the case-file, concluding on the substantiation and legality of the decree for termination of the criminal.

2. Modify the decree of the prosecutor in relation to the grounds for termination of the criminal proceedings and the modalities of disposal of material evidence,

3. Revoke the decree of the prosecutor and remit the case to him/her accompanied with mandatory guidance on the application of the law.

(6)The decree under paragraph (5) may be objected by the prosecutor and appealed by the accused party, his/her defence counsel and the victim or his/her heirs, or by the prejudiced legal person, within seven days from notification before the respective intermediate appellate review instance court.

(7) The intermediate appellate review instance court shall make pronouncement in a three-judge panel sitting in camera, by a ruling which shall be final.

(8) No decree for the partial termination of criminal proceedings shall be drafted in the event of new constitution of the same individual in relation to the same criminal act.

(9) Where grounds under paragraph 1 were absent, the decree for termination of the criminal proceedings, which has not been appealed by the accused party, the victim or his/her heirs, or by the prejudiced legal person, may ex officio be revoked by a prosecutor with a higher-standing prosecution office.

3. in the case of prolonged absence of an only eye witness from the country, where the interrogation of that witness is of exclusive interest to the discovery of the objective truth, unless such witness may be interrogated by letter rogatory, or through a phone or video conference.

(2) Where in cases under para 1, item 2 an accused party has been constituted, criminal proceedings in respect thereto shall be terminated.

(3) In the event of suspension of the criminal proceedings, the prosecutor shall send copies of his/her decree to the accused party and to the victim and his/her heirs.

(4) After reopening suspended criminal proceedings, the investigation shall be carried out within the terms under Article 234.

(5) A decree under para 1 may be appealed by the accused party, the victim or his/her heirs before the respective first-instance court within seven days of receipt of a copy thereof. The court shall rule in a single-judge panel, in camera, no later than seven days of submission of the case-file in court, by a ruling, which shall be final.

(6) Subsequent appeal against the suspension of criminal proceedings may be submitted no earlier than six months after the ruling paragraph (5).

(7) In cases under para 1, item 3 criminal proceedings shall be suspended for a period not longer than one year.

(1) Where criminal proceedings have been suspended because the perpetrator had not been discovered, the prosecutor shall remit the case to the investigative body in order to continue searching for him/her. The investigative body shall notify the prosecutor of the outcome of search operations and hand over any collected material.

(2) Suspended criminal proceedings shall be reopened by the prosecutor, after elimination of the reasons for suspension, or provided there is need for further investigative actions.

(3) After reopening the suspended proceedings, the investigation shall be carried out within the terms under Article 234. These terms shall not take into account the time during which criminal proceedings were suspended.

(1) The prosecutor shall draw up an indictment where he/she is persuaded that the necessary evidence for the discovery of the objective truth and for pressing charges before court were collected, that there are no grounds for terminating or suspending criminal proceedings, that no considerable violation of procedural rules has been allowed that is susceptible of elimination.

(2) The following shall be indicated in the factual part of the indictment: the crime committed by the accused party; the time, place and manner of its perpetration; the victim and the amount of the damages; full data about the personality of the accused party, whether the conditions for application of Article 53 of the Criminal Code are at hand; the circumstances which aggravate or attenuate the liability of the accused party; the evidential materials from which the indicated circumstances have been established.

(3) The following shall be indicated in the concluding part of the indictment: information about the identity of the accused party; the legal qualification of the act; whether there are grounds for application of Article 53 of the Criminal Code ; whether there are grounds for the transfer of criminal proceedings and under which international treaty; the date and place of drawing up the indictment and the name and position of its author.

(4) The following shall be enclosed with the indictment: a list of persons to be summonsed at the court hearing; information about the remand measure taken, indicating the date of detention of the accused party if the measure is remand in custody or house arrest; information about the documents and the pieces of material evidence; information about the expenses incurred; information about the security measures taken; as well as information on the placement of children in cases under Article 63, paragraph (8).

Chapter nineteen
PREPARATORY ACTION PRIOR TO
EXAMINATION OF THE CASE AT A COURT HEARING

2. on the basis of complaint by the victim - by order of the Chairperson of the court.

(2) The order of the Chairperson of the court, whereby institution of proceedings pursuant to item 1, item 2 is refused, shall be subject to appeal in pursuance of Chapter twenty-two.

(3) The indictment and the complaint shall be presented to the court in as many transcripts as is the number of the accused parties.

(1) After institution of the case, the Chairperson of the court shall appoint a judge-rapporteur.

2. whether there are grounds for termination or suspension of the criminal proceedings;

3. whether there have been any substantial violations of procedural rules in the course of pre-trial proceedings susceptible of being removed, which have resulted in the restriction of procedural rights of the accused party and his counsel, of the victim or of his/her heirs;

4. whether grounds are present for the examination of the case in pursuance of Chapter twenty-four, twenty-five, twenty-seven, twenty-eight, and Chapter twenty-nine.

(1) The judge-rapporteur shall terminate court proceedings in cases under Article 248, para (2), items 1 and 3.

(2) When terminating court proceedings on grounds of Article 248, paragraph (2), item 3, the judge-rapporteur shall return the case file to the prosecutor for further investigation, stating the violations made in his/her order.

2. where the act described in the indictment does not constitute a criminal offence.

(2) When terminating criminal proceedings, the judge-rapporteur shall rule on the issue of material evidence and revoke any measures for procedural coercion imposed on the accused party, as well as the measure securing the civil claim, where the grounds for its imposition have ceased to exist.

(3) A copy of the order for termination of criminal proceedings shall be served on the prosecutor and the accused party, as well as on the victim, where the latter is located at the address he/she has indicated.

(4) The order shall be subject to appeal and protest in pursuance of Chapter twenty-one.

(1) The judge-rapporteur shall suspend criminal proceedings in cases under Articles 25 and 26.

(2) The judge-rapporteur shall rule on the remand measure, the prohibition to leave the territory of the Republic of Bulgaria and the removal of the accused party from office.

(3) The judge-rapporteur shall also revoke the measure for securing the civil claim, if the grounds for its imposition are no more valid.

(4) The order shall be subject to appeal and protest in pursuance of Chapter twenty-two.

(1) Where grounds are present for the examination of the case at a court hearing, the judge-rapporteur shall schedule the case for hearing within two months of receiving it.

(2) Where the case presents factual or legal complexity and in other exceptional circumstances the Chairperson of the court may issue an authorization in writing for the hearing to be scheduled within an extended period determined by him/her, which shall not be longer than three months.

Article 254 Service of a copy of the indictment or private complaint on the defendant in court

(1) At the order of the judge-rapporteur a copy of the indictment shall be served on the defendant.

(2) Where court proceedings have been instituted on the basis of a complaint by the victim, transcripts of the complaint and of the order whereby the court has allowed the complaint to proceed, shall be served on the accused party.

(3) Except in cases under Chapters twenty-four, twenty-five, and twenty-eight, within seven days following service of the papers under paragraphs 1 and 2, the defendant may file a response stating therein any objections and making new requests.

(1) The victim or his/her heirs, as well as the prejudiced legal person, shall be notified of the scheduled court hearing.

(2) Except in cases under Chapters twenty-four, twenty-five, and twenty-eight, within seven days of service of notice, the victim or his/her heirs may file requests to be constituted as private prosecutor and civil claimant, and the prejudiced legal person - as a civil claimant.

(1) With regard to the preparation of the court hearing the judge-rapporteur shall rule on the following:

1. Examination of the case behind closed doors, the participation of a reserve judge or assessor, the appointment of an ex officio counsel, an expert witness, interpreter or a special assistant to people with hearing or verbal disabilities and on the performance of investigative action by letters rogatory.

2. The remand measure without further examination of the presence of reasonable doubt as to the commission of a crime;

3. Measures for securing the civil claim, confiscation, fine, and forfeiture of objects to the benefit of the state;

(2) The orders of the judge-rapporteur under para 1, items 2 and 3 shall be subject to appeal in pursuance of Chapter twenty-two.

(3) The judge-rapporteur shall submit the case to an open hearing with regard to requests in relation to the remand in custody measure where the prosecutor, the defendant and his defence counsel shall be present. In issuing its ruling, the court shall deliberate whether grounds are present to reform or revoke the remand measure, without examining the issue of the presence of reasonable doubt as to the commission of a crime.

(4) A ruling under para 3 shall be subject to appeal in pursuance of Chapter twenty-two.

The judge-rapporteur shall order the persons on the list to be summonsed to the court hearing, and shall take the necessary measures to provide allow the defendant and his/her defence counsel, the victim or his/her heirs and the prejudiced legal person to acquaint themselves with the materials in the case and to make the necessary excerpts.

(1) The case shall be examined by one and the same constitution of the court from the beginning to the end of the court hearing.

(2) Where a member of the court panel cannot continue taking part in the examination of the case and should it be necessary for such member to be replaced, the court hearing shall start from the beginning.

After hearing the pleadings in court and the last word of the defendant the members of the panel may not consider another case prior to issuing a sentence in this case.

(1) Where the examination of a case requires a long period of time, a reserve judge or assessor may be appointed.

(2) The reserve judge or assessor shall attend the examination of the case from the beginning of the court hearing with the rights of member of the panel, except for the power to take part in deliberations and in making decisions on issues relevant to the case.

(3) Where a member of the court panel cannot continue taking part in the examination of the case, the reserve judge shall substitute for him with all rights of a member of the panel, and the examination of the case shall continue.

The court shall take the necessary measures to ensure the court hearing has proper educative impact.

Where necessary, the court hearing or separate court actions shall be appointed to be held outside court premises.

(1) The case shall be examined or individual acts within court proceedings shall occur behind closed doors where this is required in view of safeguarding the state secret or morality, as well as in the hypotheses of Article 123, para 2, item 2.

(2) The provision of paragraph (1) may also apply where this is necessary for preventing the divulgence of facts pertaining to the intimate life of citizens.

(1) Court hearings behind closed doors may be attended by individuals whom the presiding judge authorises to do so, as well as one individual indicated by each accused party.

(2) The provision of paragraph 1 shall not apply where there is a risk of divulging a state or other secret under statutory protection, as well as in the hypotheses of Article 123, para 2, item 2.

1. Individuals who have not completed eighteen years of age, if they are not parties to the case or witnesses;

(1) The judge presiding the court panel shall direct the court hearing with a view to securing objective, comprehensive and complete elucidation of the circumstances in the case, as well as exact compliance with the law.

(2) The presiding judge shall maintain decorum in the courtroom, being competent to impose a fine of up to BGN five hundred on anyone present on account of gross violations thereof.

(3) Orders of the presiding judge shall be mandatory for all individuals in the courtroom.

(1) Where the accused party, the private prosecutor, the private complainant, the civil claimant or the civil defendant fail to abide by the rules of decorum at the court hearing, the presiding judge shall warn them that upon second violation they shall be removed from the courtroom. Should such a person continue to violate the order, the court may remove that person from the courtroom for a specified period of time.

(2) When the removed persons return to the courtroom, the presiding judge shall inform such persons of the actions performed in their absence, by reading out the record drawn up by the court.

(3) Where the prosecutor, the defence counsel or the counsel, after the warning of the presiding judge, continue to violate the order in the courtroom, the court may adjourn the examination of the case, if it is impossible to replace any of them with another person under the respective procedure without prejudice to the case. The presiding judge shall inform the respective body about the violation.

(4) Where other individuals disturb the order, the presiding judge may remove them from the courtroom.

Participation of the prosecutor at court hearing of publicly actionable cases shall be mandatory.

(1) The presence of the accused party at the court hearing shall be mandatory in cases with indictment in serious crimes.

(2) The court may order the accused party to also appear in cases where the presence thereof is not mandatory, if this is necessary for the discovery of the objective truth.

(3) Provided this shall not obstruct the discovery of the objective truth, the case may be tried in the absence of the accused, if:

1. the person could not be found at the address specified by him, or he has changed his/her address without notifying the respective body;

2. his/her place of residence in this country is not known and has not been identified after a thorough search;

c) has been validly summonsed, but has failed to specify good reasons for his/her non-appearance.

Article 270 Pronouncement on the remand measure and on the measures of procedural coercion in court proceedings

(1) The issue about the reformation of the remand measure may be raised at any time during court proceedings. A new request in relation to the remand measure in the respective instance may only be made in the presence of change in the underlying circumstances.

(2) The court shall issue a decree at an open hearing without examining the issue of the presence of reasonable doubt as to the commission of a crime.

(3) The court shall also rule in respect to requests regarding the prohibition on the defendant from leaving the territory of the Republic of Bulgaria and his/her removal from office in pursuance of paras 1 and 2.

(4) The ruling under paras 2 and 3 shall be subject to appeal and protest in pursuance of Chapter twenty-two.

(1) After opening the court hearing in the case, the presiding judge shall check whether all persons summonsed have appeared, and if some have failed to appear - the reasons therefore.

(2) The court hearing shall be adjourned where one of the following fails to appear:

2. the accused party, should the appearance of the latter be mandatory, except in cases under Article 269, paragraph (3);

3. the defence counsel, where his/her replacement is not possible by another without infringing upon the right to defence of the accused party.

(3) In presence of more than one defence counsel, failure of one of them to appear shall not be grounds for continuance of the hearing.

(4)Where the private complainant fails to appear without valid reasons, the court shall apply Article 24, paragraph (4), item 5.

(5) The court hearing shall not be adjourned, if the victim or his/her heirs were not found at the address they had indicated for the service of process in this country.

(6) The court shall rule on the requests made for the constitution of new parties to the proceedings. A ruling whereby the admission of a new private prosecutor may be appealed in pursuance of Chapter twenty-two.

(7) Where the private prosecutor or the counsel thereof, the civil plaintiff or the counsel thereof, the civil respondent or the counsel thereof, fails to appear without valid reasons, the court shall examine the case in their absence, and where they fail to appear for valid reasons, the court hearing shall be adjourned, unless it has been expressly requested that the hearing continue.

(8) The failure of a witness or an expert to appear shall not be reason for adjourning the court hearing, should the court consider that even without them the circumstances in the case can be elucidated.

(9) In all cases of failure of summonsed persons to appear the court shall hear out the parties on the issue whether to proceed with examination of the case.

(10) In all cases of adjournment of the hearing, it shall be scheduled within a reasonable period, but not later than three months.

(11) Where the case is adjourned because of the non-appearance without good reason of a party, witness, or expert the court shall fine them up to BGN 500.

(1) The presiding judge shall verify the identity of the accused party, asking the latter about his/her full name, date and place of birth, nationality, citizenship, domicile, education, family status and his/her single registration number, as well as whether the accused party has been previously convicted.

(2) In the event of doubt in the identity of the defendant, he/she may be identified using photographs or information from citizens with established identity who know the person.

(3) After that, the presiding judge shall also verify the identity of the other persons that have appeared, whereas in the cases under Article 123, paragraph (2), item 2 this shall be done in such a way that does not allow disclosure of the identity of the witness.
(4) The presiding judge shall also verify whether the copies and notifications under Articles 254 and 255 have been served.

(1) The witnesses shall be removed from the courtroom until their interrogation, with the exception of those who take part in the proceedings as private prosecutors, civil claimants and civil defendants.

(2) In the cases under Article 123, paragraph (2), item 2, the witnesses shall not be present in the courtroom.

(1) The presiding judge shall explain to the parties their right to raise disqualifications against members of the court panel, the prosecutor, the defence counsel and the secretary, the experts, the translator and the interpreter, as well as their right to raise objections against the interrogation of certain witnesses.
(2) After the court makes pronouncement on the disqualifications and objections, the presiding judge shall explain to the parties their rights provided by this Code.

(1) The parties may make new requests relevant to the evidence and the procedure of judicial trial.

(2) The court shall make pronouncement on the requests, after hearing the parties.

(1) The judicial trial shall be conducted by the judge presiding the court panel and shall commence, in publicly actionable cases - by the prosecutor reading the indictment , and in privately actionable cases - by the private complainant reading the complaint.

(2) Where a civil claim has been filed, the statement of claim shall be read by the civil claimant.

(3) The presiding judge shall ask the defendant whether he/she has understood the charges.

(1) The presiding judge shall ask the defendant to give explanations on the indictment.

(3) The defendant shall be asked questions, first by the prosecutor or the private complainant, the private prosecutor, the counsel thereof, the civil claimant and the counsel thereof, the civil respondent and the counsel thereof, the other defendants and their defence counsels, and by the defence counsel of the defendant.

(4) The presiding judge and the members of the panel may question the defendant after the parties have finished with their questions.

Article 278 Interrogation of the defendant in the absence of the other defendants

(1) Questioning of a defendant in the absence of other defendants shall be allowed where this is necessary for the discovery of the objective truth.

(2) Upon return of the defendant to the courtroom, the presiding judge shall familiarise him/her with the explanations given in his/her absence, by reading out the record of the court.

Article 279 Reading out the explanations of the accused party or the defendant

(1) Depositions of the accused party or defendant given in the same case at the pre-trial proceedings before a judge or before another court panel, shall be read out where:

1. the defendant has died and the case has been allowed to progress with regard to the other defendants

3. there is substantial contradiction between the explanations given at the pre-trial proceedings and those given at the judicial trial;

4. the defendant refuses to give explanations or alleges that he/she does not remember something.

(2) The use of sound and video recordings shall not be allowed before the explanations of the defendant have been read out.

(1) First, the witnesses called by the prosecution shall be interrogated, and then the other witnesses. Where necessary, the court may change this order.

(2) The questions shall be put to the witnesses in the order established under Article 277, paragraph (3) and (4). The party that has called the witness shall put questions before the other parties.

(3) Interrogated witnesses shall not be allowed to leave the courtroom before completion of the judicial trial, except by permission of the court, granted after hearing the parties. In cases under Article 123, paragraph (2), item 2, the witness shall remain at the disposal of the court in suitable premises out of the courtroom.

(4) After giving their testimonies, witnesses who are underage shall be removed from the courtroom, unless the court rules otherwise.

(5) In the cases under Article 123, paragraph (2), item 2, the interrogation of the witnesses shall be conducted in a way that does not allow disclosure of their identity.

(1) Depositions of witnesses given in the same case at the pre-trial proceedings before a judge or before another court panel, shall be read out where:

1. there are substantial contradictions between them and those given at the judicial trial;

2. the witness refuses to testify or alleges that he/she does not remember something;

3. a duly summonsed witness cannot appear before court for a long or indefinite period of time, and it is not necessary or the witness cannot be interrogated by letters rogatory;

(2) In pursuance of the procedure under para the explanations made in the same case by an accused party could be read out, wheresaid party is interrogated on grounds of Article 118, paragraph 1, item 1.

(3) In the presence of conditions under para 1, the testimony of a witness deposited before a pre-trial body may be read out with consent of the defendant and his/her defence counsel, the civil claimant, private prosecutor and their counsels. In respect to this particular judicial trial action, at the request of the defendant, the court shall appoint him/her a defence counsel, where he/she has none, and shall explain that the testimony read out may be used in the issuance of a sentence.

(4) Under conditions of paragraph 1, items 1 - 5 witness testimony submitted before a body entrusted with the pre-trial proceedings may be read out upon request of the defendant or his counsel, where their request under Article 223, paragraph 4 has not been granted.

(5) The use of sound and video recordings shall not be allowed before the explanations of the witness have been read out.

(6) Where the witness has been interrogated by letter rogatory, the record of interrogation shall be read out.

(1) Questions shall be posed to the expert after the expert's report has been read out.

(2) Questions shall be asked in the order set out in Article 277, paras 3 and 4.

(3) The interrogation of an expert witness may not take place, where the latter fails to appear and the parties do not object thereto.

The court shall read out the records of the observation on site and of physical examination, of search and seizure, of re-enactment of the crime, and of identification of persons and objects, as well as the other documents enclosed with the case-file, if they contain facts of significance for elucidating the circumstances in the case.

The material evidence shall be presented to the parties and where it is necessary - to the expert and to the witnesses as well.

Observation on site shall be conducted by the entire constitution of the court in the presence of the parties, and where necessary - also in the presence of the expert and witnesses.

(1) Where all investigative actions have been conducted, the judge presiding over the panel shall ask the parties if they have any requests for undertaking new investigative actions, needed for the objective, comprehensive and full elucidation of the circumstances in the case.

(2) If the parties do not make any requests or if those made are found unjustified, the presiding judge shall declare the judicial trial completed.

(1) Where during trial circumstances are established which had not been known to pre-trial bodies, the prosecutor shall issue a new indictment, if the said circumstances are grounds for substantial changes in the factual part of the indictment or for applying a law for a more heavily punishable crime.

(2) The court shall terminate the criminal proceedings and send the case-file to the respective public prosecutor when the new indictment is for a crime falling under the jurisdiction of a higher or military court.

(3) Besides the cases under paragraph (2) the court shall adjourn the hearing should the parties request so in order to prepare themselves for the new indictment.

(4) In the event of substantial changes in the factual part of the charges, the provisions of Article 279 shall not apply to explanations given before the new charges were presented.

(5)Where in the course of the judicial trial the prosecutor or the private prosecutor finds out that it refers to an offence prosecuted under a complaint of the victim and the criminal proceedings were instigated prior to the expiry of the time limit under Article 81 (3), the prosecutor on grounds of Article 48 or the private prosecutor may ask the court to make pronouncement in the sentence as well with regard to the offence which is prosecuted upon complaint of the victim.

(6)Where the criminal proceedings have been instituted following a complaint of the victim and in the course of judicial trial a substantial change in the factual part of the indictment is established, the private complainant may press a new charge, provided that the time limit under Article 81, paragraph (3) has not expired. In this case the court shall adjourn the hearing, if the defendant or his/her defence counsel requests so in order to prepare themselves for the new indictment.

(7) Where the criminal proceedings have been instigated on the grounds of a complaint by the victim and in the course of judicial trial it is established that the crime is publicly actionable, the court shall terminate the criminal proceedings and shall forward the case-file to the respective prosecutor.

Article 288 Termination of court proceedings and return of the case-file to the prosecutor

The court shall terminate court proceedings and shall forward the case-file to the respective prosecutor where:

1. there have been any removable substantial violations of procedural rules in the course of preliminary proceedings, which have resulted in the restriction of procedural rights of the accused or his counsel;

2. in the course of the judicial trial it is established that the crime is subject to examination by a higher standing or military court.

(1) The court shall terminate the criminal proceedings in cases under Article 24, paragraph (1), items 2 - 10 and paragraph 4.

(2) Where at court hearing the presence of grounds under Article 24, paragraph (1), items 2 and 3 is revealed, and the defendant makes a request for the proceedings to continue, the court shall make a pronouncement by issuing a sentence.

(3) Where the criminal proceedings are terminated, the court shall rule on the material evidence, shall revoke the remand measures imposed on the defendant, and the measure to secure the civil claim - where grounds for its imposition no longer exist.

(4)The ruling shall be subject to appeal and protest under the terms and conditions of Chapter twenty-one.

Article 290 Termination and suspension of criminal proceedings at a court hearing

(1) The court shall suspend the criminal proceedings in the cases under Article 25 and 26;

(2) The ruling shall be subject to appeal and protest in pursuance of Chapter twenty-two.

(1) Upon completion of judicial trial the court shall proceed to hearing court debates.

(2) Court debates shall start with a speech of the public prosecutor, or the private complainant, respectively. Afterwards the floor shall be consequently given to the private prosecutor and the counsel thereof, the civil claimant and the counsel thereof, the civil defendant and the counsel thereof, the defence counsel and the defendant.

The parties participating in court debates may refer only to evidence collected and verified in the course of judicial trial, pursuant to the procedure established in this Code.

Article 293 Statement by the prosecutor that he/she does not maintain the indictment

The statement by the prosecutor that criminal proceedings should be terminated or that a sentence of acquittal should be issued, shall not exempt the court from the obligation to make pronouncement in accordance with their inner conviction.

(2) Should it consider the request justified, the court shall terminate court debates, re-open judicial trial and, after completion of the new investigative actions, resume the hearing of court debates.

(1) Each party shall have the right to rebuttal in respect of the allegations and arguments of the other parties.

(2) The defence counsel and the defendant shall have the right to last rejoinder.

(2) The presiding judge may interrupt the parties only where they obviously deviate to issues not relevant to the case.

(1) After completion of court debates, the presiding judge shall give the defendant the right to last plea.

(2) The court shall be obligated to provide the defendant with ample opportunity to express his/her final attitude towards the indictment in the last plea.

(3) The defendant may not be subjected to interrogation in the course of the last plea.

(2) The presiding judge may interrupt the defendant only in case of obvious deviation into matters not relevant to the case.

If the defendant reveals new data in the course of the last plea, which are of significance to the case, the court shall re-open the judicial trial and shall again hear the debates of the parties and the last plea of the defendant.

After hearing the last plea of the defendant, the court shall withdraw for secret deliberation in order to pronounce the sentence.

Article 301 Issues to be considered by the court in pronouncing the sentence

(1) In pronouncing the sentence, the court shall consider and decide on the following issues:

1. whether there is an act done, was it perpetrated by the defendant, and was it culpably perpetrated;

2. whether the act constitutes a crime and whether its qualification is correct;

3. whether the defendant is subject to punishment, what punishment needs to be determined, and in cases under Article 23 - 25 and 27 Criminal Code , what aggregate punishment to be imposed on him/her;

4. whether there are grounds for exemption from criminal responsibility under Article 61, paragraph (1) and Article 78a, paragraph (1) of the Criminal Code ;

5. whether the defendant should be exempted from serving the punishment, what must be the probation period in case of conditional sentencing, and in the cases under Article 64, paragraph (1) of the Criminal Code - what educative measure should be imposed;

7. who should be entrusted with the educational work in the cases of conditional sentencing;

8. whether the conditions under Articles 68 and 69 of the Criminal Code are at hand, and what punishment should the defendant serve;

(2) Where the defendant has been charged with several crimes, or several persons have participated in the perpetration of one or several crimes, the court shall consider and decide on the issues under paragraph (1) for each person and for each crime separately.

(3) Where the court has omitted to make pronouncement on the civil claim, the court shall make such pronouncement by an additional sentence within the term fixed for appeal.

Where in the course of deliberations the court finds that the circumstances in the case have not been sufficiently elucidated, it shall re-open the judicial trial.

(2) The court shall find the defendant guilty where the accusation is proved beyond doubt.

The court shall find the defendant not guilty where it is not established that the act has been committed, that it has been committed by the defendant or that it has been culpably committed by the defendant, as well as where the act does not constitute a crime.

(2) The introductory part of a sentence shall specify: the date of its issuance; the court, the names of the members of the court panel, of the secretary and of the prosecutor; the case in which the sentence is issued; the name of the defendant and the offence in respect to which charges were pressed.

(3) The reasoning shall specify which circumstances are considered ascertained, on the basis of what evidentiary materials, and what are the legal considerations for the decision taken. In presence of contradictory evidence material, arguments need to be submitted why some are credited and others - rejected.

(4)The operative part of the sentence shall contain data about the identity of the defendant and the decision of the court on issues set forth under Article 301. The court before which the sentence may be appealed and within what term shall also be Designated therein.

(5) In cases of Article 21, paragraph (1), items 2 and 3 in combination with Article 289, paragraph (2), the court shall find the defendant guilty and shall apply the respective provisions on amnesty or prescription; in the cases under Article 61, paragraph (2), proposal one of the Criminal Code , the court shall find the defendant guilty, exempt him/her from criminal responsibility and impose educative measure thereon; in the cases under Article 78a of the Criminal Code , it shall find the defendant guilty, exempt him/her from criminal responsibility and impose an administrative sanction on him/her.

(6) An acquitting sentence may not contain expressions which cast doubt on the innocence of the acquitted.

1. fixing an aggregate punishment pursuant to Articles 25 , 27 , and the application of Article 53 of the Criminal Code ;

2. the initial regime of serving the punishment of deprivation of liberty, where the court has omitted to do so in the sentence;

3. whether the conditions under Articles 68, 69, 69a and 70, paragraph (7) of the Criminal Code are at hand, and what punishment the defendant is to serve;

(2) In the cases of items 1 to 3 of paragraph (1), the court shall make its pronouncement at a court hearing to which the convicted shall be summonsed.

(3) The ruling under para 1, items 1 - 3 may be appealed and protested in pursuance of Chapter twenty-one, and the one under para 1, item 4 - in pursuance of Chapter twenty-two.

The court shall make pronouncement on the civil claim also where it finds the defendant not guilty, criminal responsibility being extinct, or where the defendant should be exempted from criminal responsibility.

(1) Reasoning may be prepared after announcement of the sentence, but not later than fifteen days thereof.

(2) In cases of factual and legal complexity reasoning may be set forth after pronouncement of the sentence, but not later than 30 days.

Article 309 Pronouncement on remand measures and on the measure for securing the civil claims, the fine and the confiscation

(1) After issuing the sentence, the court shall also make pronouncement on the remand measure.

(2) Where the defendant has been exempted from criminal responsibility, conditionally sentenced, convicted to punishment less severe than deprivation of liberty, or acquitted, the remand measure shall be rescinded or replaced with the least severe measure provided for by law. In this case the detained defendant shall be released in the courtroom.

(3) Where the defendant is acquitted, the court shall also make pronouncement on the measure for securing the civil claim, the fine and the confiscation.

(4) The ruling pursuant to paragraph 2 and 3 is subject to appeal an protest under the terms and conditions of Chapter XXII.

(1) The sentence shall be read out by the presiding judge immediately after it is signed by all members of the court panel.

(2) Where the preparation of reasoning has been postponed, the presiding judge shall only announce the operative part, signed by all members of the panel. Court assessors need to mandatorily sign the reasoning, where the sentence has been signed with a dissenting opinion.

(3) The dissenting opinion shall be noted down upon signature of the sentence, of its operative part respectively, and shall be set forth in writing within the term of Article 308.

(4) When the punishment of imprisonment has been imposed on the national of another state and the Republic of Bulgaria has a treaty for the transfer of sentenced persons with that state, the court shall notify the sentenced person of the possibility to request serving the punishment imposed in the state whose national he or she is.

(1) Further to data under Article 129, paragraph (1), the record of the court hearing shall include:

2. data about the personality of the defendant; the date on which a copy of the indictment or of the complaint have been served on the defendant together with the order;

3. explanations of the defendant, testimonies of witnesses and reports of expert witnesses;

5. the documents and records read out, as well as the film, sound or video recordings used;

7. the pronouncement of the sentence pursuant to the respective procedure and the explanations of the presiding judge about the procedure and term of appeal thereof.

(2) The record of the court hearing shall be signed by the presiding judge and the court secretary.

(3) The court may also order the preparation of a sound and video recording of the court hearing subject to the provisions of Article 237-239.

Article 312 Corrections and supplements to the record

(1) The parties shall have the right to make requests in writing for corrections and supplements within three days following the date of preparation of the record.
(2) The requests shall be examined by the presiding judge, and where the presiding judge refuses to grant them - by the panel of the court sitting in camera.

The intermediate appellate review instance shall verify the correctness of the sentence that has not entered into force.

(1) The intermediate appellate review instance shall verify in full the correctness of the sentence, irrespective of the grounds pointed out by the parties.

(2) The intermediate appellate review instance shall also revoke or modify the sentence in the section that has not been appealed, as well as with respect to the persons who have not filed an appeal, provided there are grounds therefore.

Article 315 Evidence which shall be allowed in the intermediate appellate review instance

The intermediate appellate review instance shall allow all evidence that can be collected under the terms and procedures set forth in this Code.

The intermediate appellate review court may establish the existence of a new factual situation.

The rules for first instance proceedings shall apply, insofar as this Chapter does not contain any special rules.

Section II
Institution of proceedings before
the intermediate appellate review instance

(1) Proceedings before the intermediate appellate review instance shall be instituted by protest of the prosecutor or by appeal of the parties.

(2) The prosecutor shall file a protest where he/she finds that the sentence is wrong. The prosecutor may not file a protest against the sentence where it has been issued in accordance with the requests he/she had made.

(3) The defendant may appeal the sentence in all its sections. The defendant may also appeal it only with regard to the reasons and the grounds for acquittal.

(4) The private complainant and the private prosecutor may appeal the sentence if their rights and legal interests have been infringed upon. They may not file appeal against the sentence where it has been issued in accordance with the requests they had made.

(5) The civil claimant and the civil defendant may appeal the sentence only with regard to the civil claim, if their rights and legal interests have been infringed upon.

(1) Appeals and protests shall be filed within 15 days after the announcement of the sentence.

(2) Appeals and protests shall be filed through the court which has pronounced the sentence.

(1) The appeal and protest shall be made in writing. They shall specify: the court to which they are addressed; the name of the author and the request which is being made. The appeal and protest shall indicate the circumstances which have not been elucidated and the evidence to be collected and verified by the intermediate appellate review court.

(3) The parties may file additional written statements for the purpose of supplementing the arguments and considerations expounded in the appeal and the protest, by the time the case is allowed to progress at a court hearing.

(4) Copies shall be enclosed with the appeal and protest, according to the number of the interested parties.

(5)Where several persons have been summonsed as defendants in the capacity of accomplices, each of them may join the appeal already filed by the other, making an oral or written request therefore not later than the moment the case has been allowed to progress.

The court through which the appeal and the protest have been lodged shall immediately advise the parties concerned, sending them copies thereof.

The parties may file written objections against the appeal or protest filed until the case is allowed to proceed before the intermediate appellate review instance.

1. they do not comply with the requirements under Article 320, paras 1 and 2, if the omission or discrepancy is not remedied within seven days after the invitation;

3. they have not been filed by a person entitled to appeal or protest the sentence.

(2) The return of the appeal and the protest shall be subject to appeal under the terms and conditions of this Chapter.

(1) The appeal and the protest may be withdrawn by the appealer or the prosecutor who participates in the hearing at the intermediate appellate review instance, prior to the beginning of judicial trial, and where such is not carried out, prior to the commencement of court debates. The protest may be withdrawn as well by the prosecutor who has made it, prior to the institution of proceedings before the intermediate appellate review instance.

(2) The defence counsels may not withdraw the appeal without consent of the defendant and counsels - without consent of their mandators respectively.

The case-file together with the appeals, protests and objections received shall be forwarded to the intermediate appellate review instance after the expiry of the term under Article 319 (1).

Article 326 Pronouncement of the intermediate appellate review instance court on the withdrawal of the appeal and protest

In the cases under Article 324 the intermediate appellate review instance court shall make pronouncement in camera.

(1) Admission of requested evidence shall be decided at a hearing in camera by the judicial panel hearing the case.

(3) Witnesses and expert witnesses interrogated by the first instance court shall be admitted in the intermediate appellate review instance if the court assumes that their repeated interrogation is necessary or where their testimony or conclusions will refer to newly found circumstances.

(4)New witnesses and expert witnesses shall be allowed where the court accepts that their evidence or conclusions will be important for the correct disposition of the case.

(5) Parties may present new written and material evidence until the case is allowed to progress.

The parties and the other persons to take part in the intermediate appellate review proceedings shall be summonsed pursuant to the procedure set forth under Articles 178 - 182, except where they have been informed by the first instance court of the date on which the case will be examined.

(1) Participation of the prosecutor in the court hearing of publicly actionable cases shall be mandatory.

(2) Failure of the other parties to appear without valid reasons shall not be an obstacle to the examination of the case.

After the start of the court hearing, the court shall hear the parties on allowing the case to progress and rule on the requests, comments and objections.

(2) The examination of the case shall start with a report by the judge-rapporteur.

(3) The substance of the sentence and the content of the appeals, the protests and objections, as well as the allowed evidence shall be Expounded in the report.

For the purposes of judicial trial the court may use all techniques for collecting and verifying the allowed evidence.

(1) Court debates following the procedure under Article 291, para 2 shall bear arguments as to the sentence issued and the merits of the indictment.

(2) After completion of the court debates, the presiding judge shall give the defendant the right to last plea.

1. revoke the sentence and return the case for another examination by the prosecutor or the first-instance court;

4. rescind the sentence and terminate criminal proceedings in cases under Article 24, para 1, item 2 - 8 and 10 and para 4, as well as when the first instance court has not exercised its powers under Article 369, para 4;

Article 335 Revocation of the sentence and return of the case for new examination

(1) The intermediate appellate review court shall revoke the sentence and return the case for new examination to the prosecutor where:

1. there have been any substantial violations of procedural rules in the course of preliminary proceedings, which have resulted in the restriction of procedural rights of the accused party and his counsel;

2. it is established that the crime for which proceedings have been instituted on the basis of a complaint by a private complainant is publicly actionable.

(2) In cases under Article 348, paragraph 3 the appellate court shall revoke the sentence and remit the case to the first instance, unless it can itself eliminate the violations allowed or these might not be avoided in a new examination of the case.

(3) The appellate court may not revoke sentences under paragraph 1, item 2, or revoke a sentence of acquittal under paragraphs 1 and 2, if there is no accompanying protest by the prosecutor or appeal by the private complainant or the private prosecutor, correspondingly.

(1) The intermediate appellate review court shall revoke the sentence and issue a new sentence where it is necessary:

1. to apply the law for a more heavily punishable crime where such charges has been pressed during first-instance proceedings;

2. to sentence an acquitted defendant where such charges have been pressed at first instance;

(2) Powers under paragraph 1, items 1 and 2 shall be exercised in the event of an accompanying protest by the prosecutor, or an appeal by the private complainant or private prosecutor, correspondingly.

3. exempt the defendant from serving the punishment in accordance with Article 64 , paragraph 1 or Article 66 of the Criminal Code ;

4. exempt the defendant from criminal liability in accordance with Articles 78 and 78a of the Criminal Code .

(2) Where a protest or appeal correspondingly by the prosecutor or private complainant or the private prosecutor exist, the appellate court may:

2. revoke the exemption from serving the punishment under Article 64 , paragraph 1 or Article 66 of the Criminal Code .

(3) The intermediate appellate review instance may also rule only in respect of the reasons and grounds for acquittal of the defendant or with regard to the civil claim.

The intermediate appellate review court shall confirm the sentence where it finds that no grounds exist for revoking or modifying it.

Article 339 Content of the judgement of the intermediate appellate review instance

(1) The judgement of the intermediate appellate review court shall indicate: the appeal or protest on which pronouncement has been made; the main content of the sentence, the appeal or the protest; a brief outline of the arguments put forward by the parties at the court hearing, and its judgement on the appeal or the protest.

(2) In the event of confirmation of the sentence, the intermediate appellate review instance shall indicate the grounds for rejecting the arguments in favour of the appeal or the protest.

(3) Where the intermediate appellate review instance issues a new sentence, the requirements of Articles 305 shall apply.

(1) The judgement of the intermediate appellate review instance together with the reasons thereof shall be drawn up not later than thirty days following the court hearing where the case has been announced for adjudication.

(2) The judgement together with the reasons thereof shall be announced at a court hearing to which the parties shall be summonsed or the parties shall be notified in writing that it has been drawn up.

Chapter twenty-two
PROCEDURE BEFORE THE INTERMEDIATE APPELLATE
REVIEW INSTANCE FOR VERIFICATION OF COURT RULINGS AND ORDERS

(1) The rulings and orders, which terminate the criminal proceedings, as well as the rulings under Article 306, paragraph 1, item 1 - 3, Article 431, 436 and Article 457, para 2 shall be verified under the terms and conditions of Chapter twenty-one.

(2) The rulings and orders for which this has been expressly provided for by law shall be reviewed in pursuance of the procedure under this Chapter.

(3) All other rulings and orders shall not be subject to review by the intermediate appellate review instance court apart from the sentence.

Article 342 Time limit for filing accessory appeal and protest and objections thereto

(1) Accessory appeals and protests from acts under Article 341, para 2 shall be filed within 7 days following the pronouncement, and where such acts were made in camera - within 7 days following service of a copy thereof.

(2) The defendant shall be informed of the accessory protest filed and can raise objections within 7 days following notification.

Accessory appeals and protests shall not suspend proceedings in the case and the execution of the ruling, unless the first or intermediate appellate review instance courts rule otherwise.

The court which has issued a ruling may revoke or modify it itself at a hearing in camera. The court shall otherwise send the case to the intermediate appellate review instance together with the accessory appeal or protest received.

(1) The intermediate appellate review instance court shall examine accessory appeals and protests in camera within 7 days, and should it find necessary - at a court hearing to which the parties shall be summonsed, to be scheduled within a reasonable time, but not more than a month.

(2) Should it revoke the ruling, the intermediate appellate review instance court shall decide on the matters raised in the accessory appeal and protest.

(3) Insofar as there are no special rules in this Chapter, the rules of procedure under Chapter twenty-one shall apply.

1. new sentences and judgements of the intermediate appellate review instance court, except for those which exempted the offender from criminal responsibility by imposing an administrative sanction on the grounds of Article 78a of the Criminal Code and those under Article 334, items 1;

2. new sentences issued by the District Court as an intermediate appellate review instance court, except those, whereby the perpetrator has been exempted from criminal responsibility by imposing an administrative sanction on the grounds of Article 78a of the Criminal Code ;

3. rulings of the District and Appellate Courts under Article 306, para 1, issued in cases of new sentences;
4. decisions and rulings of the District and Appellate Courts issued for the first time in the course of intermediate appellate review instance court proceedings, whereby the progress of criminal proceedings is terminated, suspended or otherwise barred.

(1) The cassation instance shall examine the sentence or judgement only in its appealed section and with respect to the persons who have appealed against it, and it shall make pronouncement within two months.

(2) The cassation instance shall also revoke or modify the sentence or judgement with respect to the defendants who have not lodged an appeal, provided that the grounds therefore are in their favour.

(1) The sentence and the judgement shall be subject to revocation or modification in the course of cassation proceedings in any of the following cases:

(2) There is a breach of law where the law has been applied wrongly or an applicable law has not been applied.

1. it has led to restriction of the procedural rights of the accused party or the other parties and has not been remedied;

2. there is no reasoning or record of the court hearing of the first instance or the intermediate appellate review instance;

4. secrecy of deliberations has been infringed upon on the occasion of rendering a sentence or judgment.

(4) A procedural breach which cannot be remedied in the course of new examination of the case shall constitute no grounds for revocation of the sentence.

1. it is in obvious discrepancy with the public threat of the offence and the offender, the circumstances mitigating and aggravating liability, as well as the objectives of Article 36 of the Criminal Code ;

2. conditional sentencing rules have been wrongly applied or their application has been wrongly denied.

(1) Proceedings before the cassation instance shall start at the protest of the prosecutor or the appeal of the other parties.
(2) The prosecutor may lodge a cassation protest in the interest of the accusation as well as in the interest of the defendant.
(3) The other parties may lodge cassation appeals where their rights and legal interests have been impaired.

(1) The appeal and the protest against the sentence of the intermediate appellate review court shall be filed within the time limits prescribed by Article 319, paragraph 1.

(2) The appeal and the protest against the judgement of the intermediate appellate review instance court shall be filed within fifteen days from their announcement as provided under Article 340, paragraph (2).

(3) Appeals and protests shall be filed through the court which has pronounced the appealed sentence or judgement.

(4) Copies shall be enclosed with the appeal and protest, according to the number of interested parties.

(1) The cassation appeal and the protest shall indicate: the author; the sentence, the judgement and the section thereof which is appealed; the cassation grounds and the data supporting them; the request.

(3) Any objection against an appeal or a protest or any supplements thereto may be made in writing before the case is allowed to progress.

(4) The appeal and the protest shall be returned by the judge with the intermediate appellate review court through which they have been served where:

1. they do not comply with the requirements under paragraphs 1 and 2 and the omission or discrepancy has not been remedied within the 7 day period afforded by a judge with the intermediate appellate review court;

2. they have not been filed by a person entitled to serve an appeal or a protest or within the specified time;

(5) The return of the appeal and the protest shall be subject to appeal before the Supreme Court of Cassation which rule in camera.

(1) The appeal and the protest may be withdrawn by the parties which have filed them until the case is allowed to progress at a court hearing.

(2) The defence counsel may only withdraw his/her appeal with consent of the sentenced person and the counsel - with consent of his/her mandatory.

(1) The cassation appeal and the protest shall be examined at a court hearing to which the parties shall be summonsed.

(3) Failure of the other parties to appear without valid reasons shall not be an obstacle to the examination of the case. The case shall be examined in the absence of a party, where the latter has not been located at the address it had indicated.

(4) The report of the judge-rapporteur shall expound the circumstances of the case, the content of the appealed sentence or judgement and the complaints against them.

(6) Hearings shall be conducted under the terms and conditions prescribed by the court.

(1) After examination of the appeal and the protest filed, the cassation instance may:

2. revoke the sentence or the judgement and terminate or suspend the criminal proceedings in cases provided for by law or acquit the defendant in cases under Article 24, paragraph 1, item 1;

4. wholly or partially revoke the sentence or judgment and remit the case for new examination.

3. to apply the provisions of Article 64, paragraph 1 or Article 66 of the Criminal Code ;

4. to apply a law for a more heavily punishable crime where no increase of the punishment is required provided that charges have been pressed at the first instance.

5. to honour of reject the civil claim where there was a breach of the law, or to increase or decrease the amount of immaterial damages awarded or to terminate proceedings in relation to the civil claim.

(3) The cassation instance shall wholly or partially revoke the sentence and return the case for new examination where it is necessary:

3. to eliminate violations of the substantive law in the issuance of the acquittal.

(4) The judgement of the cassation instance shall be drawn up in accordance with the rules under Article 339, paragraphs 1 and 2 and announced not later than thirty days after the court hearing in which the case was announced for adjudication. This judgement shall not be subject to appeal.

Article 355 Mandatory instructions of the cassation instance and conditions for aggravating the position of the defendant

(1) During a new examination of the case, the instructions issued by the cassation instance shall be mandatory with respect to:

2. the application of the law, except for cases where other factual situations are ascertained;

(2) The court to which the case is returned for new examination may impose a heavier punishment or apply the law for a more heavily punishable crime where the sentence has been revoked following a protest of the prosecutor, an appeal of the private complainant or of the private prosecutor due to a request for aggravation of the situation of the defendant.

(3) The court to which the case is returned for new examination may sentence the acquitted defendant where the sentence has been revoked following a protest of the prosecutor, an appeal of the private complainant or of the private prosecutor due to a request for sentencing.

2. obvious traces of the crime have been found on the body or the clothes of the perpetrator;

3. the perpetrator has appeared in person before the respective bodies of the Ministry of Interior, the investigative body or the prosecutor and has confessed the perpetrated crime;

(2) The investigative body shall be obligated to forthwith notify the prosecutor.

(3) Summary proceedings shall be considered instituted upon drafting the act for the first investigative action.

(4) The person in respect to whom there is a reasonable assumption that he/she has committed crime, shall be considered as accused party from the moment of drafting the act for the first investigative action taken against him/her.

(5) The investigative body shall complete the investigation within seven days of establishing the presence of the respective grounds under para 1, the victim not being summonsed at the presentation of the investigation.

(1) The supervising prosecutor shall rule within three days of completion of the investigation, by

2. suspending criminal proceedings in presence of the conditions under Article 25 and 26;

3. pressing charges in an indictment and submitting the case for examination in court;

4. submitting the case with a decree for exemption from criminal liability with the imposition of an administrative sanction or a proposal for agreement to dispose of the case;

5. ordering additional investigation for the collection of new evidence or for the removal of considerable violations of the procedural rules, setting a time limit not longer than seven days.

(2) Where the case presents factual or legal complexity, the supervising prosecutor shall order for the investigation to be carried out in accordance with the general procedure.

(3) In cases under para 1, item 5, the supervising prosecutor may him/herself take additional investigative action within the shortest possible period and not later than seven days.

(1) In cases under Article 357, paragraph (1), item 3, the judge-rapporteur shall:

1. terminate the criminal proceedings in cases and in accordance with the procedure of Article 250;

2. terminate the criminal proceedings in cases and in accordance with the procedure of Article 251;

3. terminate court proceedings and remit the case to the prosecutor, where a removable serious violation of procedural rules has been allowed;

(2) In cases under para 1, item 4, the judge-rapporteur shall order the supervising prosecutor to immediately serve a copy of the indictment on the defendant and ensure his presence, as well as the presence of witnesses and expert witnesses at the court hearing.

(3) Within three days following service of the copies of the indictment on the defendant, the latter may give response stating therein any objections and making new requests.

(1) Where the grounds under Article 358, paragraph 1, item 1 - 3 are not at hand, the court shall issue the sentence along with the reasoning thereof, and where the case presents factual and legal complexity, the reasoning may also be drawn up after announcement of the sentence, but not later than seven days thereafter.

In cases under Article 359, paragraph (1) the appeal and the protest shall be filed within seven days after announcement of the sentence, and where the reasoning to be drawn up has been postponed, within fifteen days.

The rules for first instance proceedings shall apply, insofar as this Chapter does not contain any special rules.

(1) Immediate proceedings shall be carried out where the individual has been caught during or immediately after the commission of a criminal offence and has been indicated by an eyewitness as the perpetrator thereof.

(2) The investigative body shall be obligated to immediately notify the prosecutor.

(3) Immediate proceedings shall be considered instituted upon drafting the act for the first investigative action.

(4) An individual in respect to whom a reasonable assumption exists that he/she has committed a criminal offence, shall be considered as accused party from the moment of drafting the act for the first investigative action taken against him/her.

(5) The investigative body shall complete the investigation within three days of establishing the presence of the respective ground under para 1, the victim not being summonsed for the presentation of the investigation.

2. suspending criminal proceedings in presence of the conditions under Article 25 and 26;

3. pressing charges in an indictment and submitting the case for examination in court;

4. submitting the case with a decree for exemption from criminal liability with the imposition of an administrative sanction or a proposal for agreement to dispose of the case;

5. ordering additional investigation for the collection of new evidence or for the removal of considerable violations of the procedural rules, setting a time limit not longer than seven days.

(2) Where the case presents factual or legal complexity, the supervising prosecutor shall order for the investigation to be carried out in accordance with the general procedure.

(3) In cases under para 1, item 5, the supervising prosecutor may him/herself take additional investigative action within the shortest possible period and not later than five days.

In cases under Article 363, paragraph (1), item 3 the prosecutor shall immediately draft an indictment, serve it on the accused party and submit the case for examination in court.

(1) Where the grounds under Article 358, paragraph 1, item 1 - 3 are not at hand, the court shall examine the case on the same day it was filed. The supervising prosecutor shall ensure the presence of the defendant, the witnesses and the expert witnesses.

(2) The court shall examine the case and issue the sentence along with the reasoning thereof, and where the case presents factual and legal complexity, the reasoning may also be drawn up after the announcement of the sentence, but not later than seven days thereafter.

In cases under Article 365 the appeal and the protest shall be filed within seven days after the announcement of the sentence, and where the reasoning to be drawn up thereto has been postponed, within fifteen days.

The general rules shall apply, insofar as no special rules have been set forth in relation to proceedings under this Chapter.

Chapter twenty-six
EXAMINATION OF THE CASE IN COURT
UPON REQUEST OF THE ACCUSED PARTY

(1) Where more than two years have elapsed since an accused party has been constituted on account of a serious crime within pre-trial proceedings, and, in all other incidences, where more than one year has elapsed, the accused party shall be entitled to request the examination of his/her case in court.

(2) In cases under paragraph 1 the accused party may file a request to the competent first-instance court, which shall immediately demand submission of the case-file.

(1) The court shall rule on the request in a panel of one within 7 days and where the presence of grounds under Article 368 paragraph 1 is found, it shall remit the case to the prosecutor, enabling him to submit the case for examination by the court with an indictment within two months, with a proposal for exemption of the accused party from criminal liability with the imposition of an administrative sanction or with an agreement to dispose of the case, or to terminate criminal proceedings, notifying the court thereof.

(2) Where the prosecutor fails to exercise his/her powers under para 1 by the end of the 2-month period or the court d