Code of Criminal Procedure (1974, lastly amended in 1999) (excerpts)
PENAL PROCEDURE CODE
(excerpts)
REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
Promulgated State Gazette, No. 89 of 1974;
Amended SG Nos. 99/1974; 10/1975; 84/1977; 52/1980; 28 & 38/1982; 89/1986;
31, 32 & 35/1990; 39, 109 & 110/1993; 84/1994 & 50/1995; 107 & 110/1996;
64 & 95/1997; 21/1998; 45/1998 - Decision No. 9/1998 of the Constitutional Court; 70/1999 88/1999 - Decision No. 14/1999 of the Constitutional Court; 42/2001
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Institution of penal proceedings by the prosecutor for crimes prosecuted on the grounds of complaint by the aggrieved party
Article 46
(1) (Amended, SG No. 28/1982, 70/1999) In exceptional cases of crimes prosecuted on the grounds of complaint by the aggrieved party, where the latter cannot defend his or her rights and lawful interests due to state of helplessness or dependency upon the perpetrator of the crime, the prosecutor may institute penal proceedings ex officio, provided the time limit under Article 57, paragraph (4), has not expired and there are no obstacles to institution of penal proceedings pursuant to Article 21, paragraph (1).
(2) (Amended, SG No. 70/1999) The instituted penal proceedings shall follow the general procedure and may not be terminated on the grounds indicated in Article 21, paragraphs (4) and (5).
(3) The aggrieved party may take part in the penal proceedings as private accuser and civil claimant.
(4) Should the prosecutor withdraw from participation in the proceedings, the aggrieved party may proceed with the indictment as private complainant.
Continuation of proceedings for crimes prosecuted on the grounds of complaint by the aggrieved party (Amended, SG No. 70/1999)
Article 46a
(New, SG No. 89/1986; Amended, SG No. 70/1999) Where the pre-trial proceedings ascertain that the matter refers to crime prosecuted on the grounds of complaint by the aggrieved party, the penal proceedings shall not be terminated should the prosecutor consider that the grounds under the preceding article are at hand.
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Section II
Private Accuser
Persons who may participate as private accuser
Article 52
A person who has sustained property or non-property damages from a crime prosecuted under the general procedure shall have the right to take part in the court proceedings as private accuser. After the death of such persons, this right shall pass on to their heirs.
Request for participation as private accuser
Article 53
(1) The request for participation in the court proceedings as private accuser may be oral or in writing.
(2) The request must contain data about the person who files it and about the circumstances on which it is based.
(3) (Amended, SG No. 21/1998) The request must be submitted before the first-instance court by the start of the judicial examination at the latest.
Function of the private accuser
Article 54
(1) The private accuser shall uphold the accusation in the court along with the prosecutor.
(2) The private accuser may uphold the accusation also after the prosecutor declares that he does not uphold it.
Rights of the private accuser
Article 55
(Amended, SG Nos. 28/1982, 31/1990, 70/1999) The private accuser shall have the following rights: to familiarize himself with the case file and to make excerpt transcripts as necessary; to produce evidence; to take part in the court proceedings; to make requests, notes and objections and to appeal the court acts, where his rights and lawful interests are infringed.
Section III
Private Complainant
Persons who may bring and uphold accusations as private complainant
Article 56
A person who has suffered from a crime prosecuted on the grounds of complaint by the aggrieved party may bring and uphold accusation as private complainant. After the death of such person, this right shall pass on to his or her heirs.
Complaint
Article 57
(1) (Amended, SG No. 21/1998) The complaint must be made out in writing and must contain data about the complainant, the person against whom it is filed, and about the circumstances of the crime. A document on the payment of the state fee shall be attached to the complaint.
(2) The complaint must be signed by the complainant.
(3) Where there are several aggrieved persons, they may file a joint complaint.
(4) The complaint must be filed within six months as from the date when the aggrieved party has come to knowledge of the perpetration of the crime.
Rights of the private complainant
Article 58
(1) The private complainant shall have the following rights: to familiarize himself with the case file and to make the excerpt transcripts as necessary; to produce evidence; to take part in the penal proceedings; to make requests, notes and objections; to appeal acts of the court which infringe upon his or her rights and lawful interests and to withdraw the complaint.
(2) The private complainant may constitute himself in the penal proceedings also as civil claimant in the cases and under the procedure specified in this Code.
Cooperation by the bodies of the Ministry of Interior
(Amended, SG No. 70/1999)
Article 59
(Amended, SG No. 70/1999) The aggrieved party and the accused 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.
Section IV
Civil Claimant
Persons who may take part as civil claimant
Article 60
(1) (Amended, SG No. 21/1998) The aggrieved party and his or her heirs, the institutions and legal entities which have sustained damages due to the crime, may file in the course of penal proceedings civil claim for compensation of the damages and may constitute themselves as civil claimants.
(2) A civil claim may not be filed in penal proceedings where it has been filed pursuant to the Civil Procedure Code.
Application for filing of civil claim
Article 61
(1) The application for filing of civil claim should comprise: full names of the claimant and the person against whom the claim is filed; the criminal case in which it is filed; the crime which has caused the damages, and the nature and amount of damages for which compensation is claimed.
(2) The claim may be oral or in writing.
(3) Where the damages sustained from the crime are the object of deficiency in accounts, the civil claim shall be considered filed by presentation of the protocol of deficiency.
(4) (Amended, SG No. 21/1998) A civil claim may be filed before the first-instance court by the start of the judicial examination at the latest.
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Section II
EXPLANATIONS OF THE ACCUSED
Oral and direct explanations by the accused
Article 87
(Amended, SG No. 31/1990)
(1) The accused shall give explanations orally and directly before the respective body. The explanations shall be given in the presence of defence counsel, should the accused so request.
The request shall be entered in the record and the defence counsel shall be called for the interrogation.
(2) The accused may not be interrogated by letters rogatory, except in cases where the accused is beyond the borders of this country and provided this shall not be an obstacle to the discovery of the objective truth.
(3) The accused shall have the right to refuse to provide explanation.
Interrogation of the accused
Article 88
(1) The interrogation of the accused shall take place in daytime, except where it should suffer no delay.
(2) Before the interrogation, the respective body shall establish the identity of the accused and shall submit the charge thereto.
(3) The interrogation of the accused shall begin with the question of whether he or she pleads guilty, after which the accused shall be asked to tell in the form of free narration, if he or she wishes, everything that he or she knows in connection with the case.
(4) Questions may be put to the accused for supplementing the explanations or for removing omissions, ambiguities or contradictions.
(5) The questions must be clear, concrete and relevant to the facts in the case. They must not imply answers or allude to specific answers.
Confrontation
Article 89
(1) (Amended, SG No. 64/1997) Where there is essential contradiction between the explanations of the accused or between the explanations of the accused and the testimonies of the witnesses, a confrontation between them may be arranged, except in the cases under Article 97a.
(2) The confronted persons shall be asked before the interrogation whether they know each other and what are their relations.
(3) By permission of the respective body, the confronted persons made may put questions to one another.
Interrogation of the accused through a translator or interpreter
Article 90
(1) Where the accused does not speak the Bulgarian language, a translator shall be appointed.
(2) Persons indicated under Article 121, paragraph (1), sub-paragraphs 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 122, paragraph (3).
(4) Where the accused is deaf or dumb, an interpreter shall be appointed.
(5) The provisions of paragraphs (2) and (3) shall also apply to interpreters.
Evidential force of confessions by the accused
Article 91
(1) The accusation and the sentence may not be based on the confessions of the accused only.
(2) The confession of the accused does not exempt the corresponding bodies from their obligation to collect other evidence in the case.
Section III
TESTIMONIES OF WITNESSES
Subject of the testimonies of witnesses
Article 92
Testimonies of witnesses may serve to ascertain all facts perceived by the witness, which contribute to elucidating the circumstances in the case.
Persons who may not be witnesses
Article 93
(1) Persons who have taken part in the same penal proceedings in another procedural capacity may not be witnesses, except:
1. (Amended, SG Nos. 28/1982, 89/1986, 31/1990) the accused, with respect to whom the proceedings have been terminated or completed with a sentence that has entered into force;
2. the private accuser, the civil claimant, the civil defendant;
3. the subscribing witnesses who have attended the penal proceedings.
(2) Persons who due to physical or mental defects are unable to perceive properly the facts of significance for the case, or to make reliable testimonies about them, may not be witnesses either.
Persons who may refuse to testify
Article 94
Spouses, persons related in ascending, descending line, brothers and sisters of the accused may refuse to testify.
Obligations of the witness
Article 95
(1) (Amended, SG No. 50/1995) Witnesses shall be obliged to appear before the respective body where summoned; to tell everything they know about the case and to answer the questions put thereto, as well as to remain at the disposal of the body who summoned him as long as this may be necessary.
(2) Witnesses who cannot appear because of illness or disability may be examined at the place they are located.
(3) (Amended, SG No. 64/1997) A witness who fails to appear at the specified place and time to testify shall be punished by fine of up to one hundred thousand Leva, and shall be brought in by compulsion to be interrogated. If within seven days following the notification about the imposed fine the witness provides good reasons for the failure to appear, the fine and the bringing in by compulsion shall be revoked.
Circumstances on which witnesses shall not be obliged to testify or may not be interrogated
Article 96
(1) Witnesses shall not be obliged to testify on questions, the answers to which might incriminate them, their relatives of ascending and descending line, brothers, sisters or spouses.
(2) Witnesses may not be interrogated on circumstances were confided thereto as defence counsel or attorney.
Rights of witnesses
Article 97
(Amended, SG No. 70/1999) Witnesses shall have the following rights: to use notes about figures, dates etc., available with them and which refer to the 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.
Protection of witnesses
Article 97a
(New, SG No. 64/1997)
(1) (Amended, SG No. 70/1999) The bodies of the pre-trial proceedings, the judge reporting the case or the court shall, upon request or with the consent of the witness, take measures for his/her protection, should there be sufficient grounds to believe that due to the testimony there has arisen or may arise real danger to the life, health or the property of the witness, his relatives of ascending or descending line, brothers, sisters, spouse or persons with whom he is in very close relationship.
(2) The protection of the witness shall be provided by means of:
1. keeping in secret his/her identity;
2. providing guards.
(3) (New, SG No. 70/1999) The measure of providing guards with regard to relatives of ascending or descending line, brothers, sisters, spouse or persons with whom the witness is in very close relationship shall be taken with their consent or with the consent of their legal representatives.
(4) (Amended, SG No. 70/1999) The act of the respective body for protecting a witness under paragraph (2), sub-paragraph 1 should indicate: the issuing body; the date; data about the identity and the identification number of the person; the types of measures taken and the circumstances demanding such measures; signatures of the body and the person. The act, the documents and articles delivered by or taken away from such a witness, shall be kept by special procedure determined by the Minister of Justice and European Legal Integration.
(5) (Amended, SG No. 70/1999) Transcripts of the protocols for interrogation of the witness that do not bear his signature should be submitted forthwith to the accused and to the defence counsel thereof, and in judicial proceedings - to the parties who may put questions to the witness in writing.
(6) (Amended, SG No. 70/1999) The bodies of pre-trial proceedings and the court shall interrogate the witness in secret, and shall take measures to keep his/her identity in secret.
(7) (Amended, SG No. 70/1999) The respective bodies of pre-trial proceedings and the court shall have direct access to the protected witness, while the defence counsel and the attorney may have such access only if the witness has been summoned upon their request.
(8) (Amended, SG No. 70/1999) The measures for protection of the witness 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 bodies under paragraph (1).
Interrogation of witnesses
Article 98
(1) (Amended, SG No. 64/1997) Prior to interrogation of the witness his or her identity shall be established, and the relations with the accused and with the other participants in the proceedings.
In the cases under Article 97a, paragraph (2), sub-paragraph 1, the witness shall be assigned identification number, which shall be entered in the protocol to substitute for the identity data.
(2) The body conducting the interrogation shall ask 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 and gives false testimony or withholds certain circumstances.
(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 94 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) Where there is substantial contradiction between the testimonies of witnesses, confrontation may be made, except in the cases under Article 97a.
(7) The provisions of Article 87, paragraph (1), Article 88, paragraphs (4) and (5), and Article 90 shall apply also to the interrogation of witnesses, respectively.
Interrogation of minors and underage witnesses
Article 99
(1) Minors shall be interrogated as witnesses in the presence of pedagogue or psychologist, and where necessary, also in the presence of the parent or guardian.
(2) Underage witnesses shall be interrogated in the presence of the persons under the preceding paragraph, if the respective body finds this necessary.
(3) With permission 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 minor the necessity of giving true testimony, without warning about responsibility.
Article 99a
(New, SG No. 64/1997)
The indictment and the sentence may not be based only on testimony of witnesses, made pursuant to Article 97a, paragraph (2), sub-paragraph 1.
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