22 March 2010
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Bulgaria is located in south east of Europe. It has boundaries with Serbia and the Former Yugoslav Republic of Macedonia to the west, Greece and Turkey to the south, and Romania to the north.
Under the new Constitution which came into force on 13th July 1991, Bulgaria is a democratic republic with a clear separation of powers between the legislature, the executive and the judiciary. Legislative power is vested in a single chamber national assembly that comprises 240 members elected for four years by universal suffrage. The National Assembly elects the Council of Ministers. The President and Vice-President are both elected by direct universal suffrage for 5 years. The President nominates the Prime Minister. He is normally the leader of the party with the largest representation in the National Assembly. Bulgaria is divided into 9 regions and 273 municipalities. Each region is headed by a governor and each municipality by a mayor who is elected by the municipal council. International Relations Bulgaria is a member of the United Nations, the Council of Europe and the International Monetary Fund. It is also a member of the Black Sea countries' economic community. Articles of association with the European Community were signed in March 1993. Bulgaria is a party to the European Convention on Mutual Assistance in Criminal Matters and of the European Convention on Extradition. Bulgaria is also a party to the following drugs conventions:
The Bulgarian police services all come under the authority of the Minister of Interior. The latter is assisted by a General Secretary to whom three Secretaries report. Each Secretary directs a number of police services. The Interpol NCB in Sofia reports directly to the General Secretary. The main police law enforcement services are the:
The main functions of the Central Service for Combating Organized Crime (CSCOC) are to collect and process criminal intelligence about national and international criminal cases which apparently involve structured criminal groups. In this respect, it also acts as a co-ordinating body for the other police services in the country. Its principal areas of activity cover:
The National Police Service is responsible for combating general crime (crimes against persons, property, and public order) throughout Bulgaria. It is staffed by both uniformed and plain clothes personnel. The National Police Service is also divided into criminal and financial sections. It provides logistic support (surveillance, checks, arrests etc.) for the CSCOC and the National Investigation Service. The National Investigation Service is responsible for preparing all documents relating to prosecution proceedings in connection with cases under investigation (reports, statements, etc.). Its officers report to the prosecutor or to the examining magistrate. The three services mentioned above are also represented at local level.
Under construction. The NCB was established by the Ministry of Interior under a law dated 17th September 1991. The NCB's activities are governed by a Ministerial Council Decree dated 16th December 1993. The Decree authorizes the NCB to:
Since October 2, 2000, NCB Sofia has been a civilian administrative service.
Police investigations can be carried out in response to requests from foreign judicial authorities, subject to the agreement of the Chief Prosecutor. Requests for such investigations should normally be made by letters rogatory via diplomatic channels. However in urgent cases Interpol channels can be used to forward the letters rogatory and enquiries can begin as soon as the Chief Prosecutor has given his approval. Foreign police officers may be present during such investigations but may not take any active part in them. It is always possible for Bulgarian and foreign police officers to exchange information on a bilateral basis. For that purpose, an Interpol message is sufficient.
1) Only 'in flagrante delicto'.
Chapter VI of the constitution of the Republic of Bulgaria states the general structure of the judicial system, its management by the Supreme Judicial Council and the rules for election of the members of the Council. Article 117 (1) of the Constitution of the Republic of Bulgaria provides for the functions of the judicial system '...to protect the rights and the legal interests of the citizens, legal persons and the state. By virtue of Article 133 of the Constitution of the Republic of Bulgaria, the structure and the organisation of the judicial system is regulated in detail by a separate law. In the summer of 1994 the Judicial System Law was adopted. For the time being, after numerous amendments and supplements, this Law codifies all structural norms of the judicial system. The Judicial System Law, together with the amendments to the Penal Procedure Code, (in force since 1998), and the amendments to the Civil Procedure Code complete the structural and functional regulation of the three instance proceedings - first instance, appeal and cassation. The Law on the Supreme Administrative Court regulates the activities of that Court. The personnel, organisational and financial management of the judicial system are performed by the Supreme Judicial Council. This council consists of 25 members - 11 are elected by the Parliament, 11 magistrates are elected in a two-stage election procedure, with the chairmen of the supreme courts and the Chief Prosecutor as ex officio members. The Supreme Judicial Council manages the judicial system, but it has no authority to rule on the justice of particular cases. The following system of courts operates in the republic of Bulgaria:
The Sofia City Court has the jurisdiction of a district court The structure of the prosecutor's office corresponds with the structure of the courts. It is regulated by Art. 126 (1) of the Constitution of the Republic of Bulgaria and Chapter VII of the Judicial System Law:
The Prosecutors' Offices in the Republic of Bulgaria are unified and centralised. Each prosecutor is subordinate to another prosecutor immediately superior in rank, and all prosecutors are subordinate to the Chief Prosecutor. By virtue of Art. 127 of the constitution of the Republic of Bulgaria the Prosecutor's office shall ensure that legality is observed:
The investigators are part of the judicial system. They perform a preliminary investigation of criminal cases where provided by law - Art. 128 of the constitution of the Republic of Bulgaria, Chapter VIII of the Judicial System. The preliminary investigation of criminal cases is performed by inquest officers, investigators and prosecutors. The so-called 'police' investigation of a number of cases has been introduced with the most recent amendments to the Penal Procedure Court in order to create the conditions for faster, more effective procedures. The inquest officers undertake police proceedings. (Art. 408a of the Penal Procedure Court). Police proceedings are carried out in cases for which preliminary proceedings are not mandatory. (Art. 408 b of the Penal Procedure Court). -
4.3.1. Bulgarian liaison officers posted abroad Bulgaria has no liaison officers posted abroad. 4.3.2. Foreign liaison officers posted to Bulgaria A German liaison officer is posted to Bulgaria (Drugs Liaison Officer - BKA).
Police and customs authorities do not have direct access to each other's information, but access is possible through the respective hierarchies. Customs have no investigative powers. They have to hand over to the police any persons they arrest for customs offences where those persons could also be investigated and prosecuted for a penal case (e.g. drug smugglers). Customs have exclusive powers within their area of responsibility. Customs have no priority in controlled delivery cases.
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