PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

International Legal Assistance in Penal Cases
Grounds for and content of the international legal assistance
Art. 471. (1) International legal assistance in penal cases of another state shall be rendered on
the terms of a concluded international treaty to which the Republic of Bulgaria is a party, or on the
principle of mutuality. International legal assistance in penal cases shall also be rendered to an
international Court of justice whose jurisdiction has been recognised by the Republic of Bulgaria.
(2) The international legal assistance shall include:
1. submission of documents;
2. investigation actions;
3. collection of evidence;
4. providing information;
5. other forms of legal assistance if they are stipulated in an international treaty to which the
Republic of Bulgaria is a party, or are imposed on the terms of mutuality.
Refusal of international legal assistance
Art. 472. The international legal assistance may be refused if the granting of the request could
endanger the sovereignty, national security, public order or other interests protected by law.
Appearance of a witness and an expert before a foreign Court
Art. 473. (1) The appearance of a witness and an expert before foreign Court authorities shall
only be allowed if assurance is given that the summoned persons, irrespective of their citizenship, would
not bear criminal liability for acts committed prior to summoning them. In the event of a refusal to
appear, no coercive measures may be applied to them.
(2) Turning over persons detained in custody, in order to be interrogated as witnesses or
experts, shall only be allowed in exceptional cases at the discretion of the respective district Court on the
grounds of papers submitted by the other state or the international Court of justice, provided that the
person gives his/her consent for being turned over and provided that his/her stay in the other state will
not extend the term of his/her detention in custody.
Interrogation of persons through video conference or telephone conference
Art. 474. (1) (amend. - SG 32/10, in force from 28.05.2010) A Court authority of another state
may carry out through a video conference or a telephone conference the interrogation of a person who is
a witness or an expert in penal procedure and is in the Republic of Bulgaria, as well as questioning with
the participation of a defendant, only if not in breach of the primary principles of the Bulgarian law. An
interrogation through video conference with the participation of a defendant may only be carried out
with his/her consent and after the participating Bulgarian Court authorities and the Court authorities of
the other state have agreed on the manner of holding the video conference.
(2) The request for interrogation from the Court authority of the other state shall contain:
1. the reason for which the appearance of the person himself/herself is undesirable or
impossible;
2. the name of the Court authority of the other state;
3. the data of the persons who will carry out the interrogation;
4. the consent of the person who will be interrogated as a witness or an expert through a
telephone conference;
5. the consent of the defendant who will participate in a hearing for interrogation through a
video conference.
(3) The Bulgarian competent authorities in penal procedure shall execute requests for
interrogation through video conference or telephone conference. For the needs of a pre-trial procedure, a