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6292/21 SC/Np 1 JAI.2 Delegations Will Find Attached Notifications By Council of the European Union Brussels, 18 February 2021 (OR. en) 6292/21 COPEN 82 EUROJUST 27 EJN 17 NOTE From: General Secretariat of the Council To: Delegations Subject: Implementation of Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings - Notifications by Bulgaria Delegations will find attached notifications by Bulgaria under Articles 4, 14 and 16 of Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings. 6292/21 SC/np 1 JAI.2 EN ANNEX Notifications by Bulgaria Articles 4, 14 and 16 of Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings. Act by which the Framework Decision is introduced into national legislation (Article 16 ‘Implementation’ of the Framework Decision): Bulgaria put in place the requirements set out in Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction (ОJ L 328/42 of 15 December 2009) by means of the Law amending and supplementing the Code of Criminal Procedure) - State Gazette, no. 63 of 2017, entry into force on 5 November 2017). By means of Chapter 36 of the Law amending and supplementing the Code of Criminal Procedure, ‘Procedure for international cooperation in criminal matters’, a new section V ‘Decision by subsidiary competence. Parallel criminal procedures’ was created (new articles 481 to 484 of the Code of Criminal Procedure). The provisions entered into force as from 5 November 2017. The relevant provisions contained Chapter 36 of the Code of Criminal Procedure are set out below in Bulgarian in Annex I. 6292/21 SC/np 2 ANNEX JAI.2 EN Notification pursuant to Article 4(2) Under national law, the authorities competent to act in accordance with this Framework Decision are the supervising prosecutor - for pre-trial proceedings and the court examining the case. In Bulgaria there are 113 district courts (районни съдилища), 28 regional courts (окръжни съдилища), 7 courts of appeal, 3 military courts, one Specialised Criminal Court and one Supreme Court of Cassation. Their contact details are set out in Annex II. The Prosecutor’s Office of the Republic of Bulgaria is unitary and its structure corresponds to the structure of the courts. In the country there are 71 district prosecutor’s offices (районни прокуратури), of which 19 have territorial divisions, 28 regional prosecutor’s offices (окръжни прокуратури), 1 Specialised Prosecutor’s Office, 3 military regional prosecutor’s offices (военноокръжни прокуратури), 7 appellate prosecutor’s offices and one Supreme Prosecutor’s Office of Cassation (see Annex II). In addition, requests for assistance may be made to Bulgaria's national contact points for the European Judicial Network in criminal matters, details of which may be found on the network’s website (https://www.ejn-crimjust.europa.eu/ejn/EJN_Home.aspx). Notification pursuant to Article 14 ‘Languages’: Information transmitted to the competent authority in Bulgaria should be accompanied by a translation into Bulgarian. 6292/21 SC/np 3 ANNEX JAI.2 EN ANNEX I Code of Criminal Procedure (State Gazette, no. 86 of 28.10.2005, in force since 29.04.2006, subsequently amended and supplemented, no. 96 of 20.11.2018, no. 7 of 20.01.2019, no. 16 of 22.02.2019, no. 83 of 22.10.2019) Chаpter Thirty-Six PROCEDURE FOR INTERNATIONAL COOPERATION IN CRIMINAL MATTERS Section V (New - State Gazette no. 63 of 2017, entry into force on 5 November 2017). Decision by subsidiary competence. Parallel criminal proceedings Information in parallel criminal proceedings Article 481 (New - State Gazette, no. 63 of 2017, entry into force on 5 November 2017). In parallel criminal proceedings in the Republic of Bulgaria and other Member States of the European Union, the competent authorities shall provide each other with information on: 1. The facts and circumstances on which the criminal proceedings are based; 2. Data identifying perpetrators and victims of crime; 3. Procedural steps taken; 4. Supervision measures taken; 5. The name, address, telephone, fax and e-mail address of the competent authority; 6. Other information. 6292/21 SC/np 4 ANNEX I JAI.2 EN Information exchange Article 482 (New - State Gazette no. 63 of 2017, entry into force on 5 November 2017). (1) Information may be exchanged through: 1. The European Judicial Network contact point; 2. Eurojust; 3. By post, electronic mail or fax; 4. Any other secure means, of which the authenticity can be established. (2) The information shall be transmitted by the competent Bulgarian authority to the competent authority of the other Member State of the European Union within the given time limit, together with a translation into the official language of the Member State which made the request, or into another official language of the institutions of the European Union which the said Member State has accepted by means of a declaration deposited with the General Secretariat of the Council. (3) Information transmitted to the competent authority in the Republic of Bulgaria shall be accompanied by a translation into Bulgarian. 6292/21 SC/np 5 ANNEX I JAI.2 EN Consultations Article 483 (New - State Gazette no. 63 of 2017, entry into force on 5 November 2017). (1) The decision to conduct criminal proceedings in the Republic of Bulgaria or in another Member State of the European Union shall be taken following direct consultations and written agreement between the competent authorities in question. (2) (New, SG No. 103/2020) When taking the decision under para. 1, the competent authority shall take into account the circumstances which are the subject of the criminal proceedings, including: 1. the territory of the Member State where the offense was committed; 2. the citizenship or the permanent residence of the perpetrator; 3. the citizenship or the permanent residence of the victim; 4. the territory of the Member State where the perpetrator was found. (3) (previous 2, SG No. 103/2020) The authorities competent for submitting information and for taking part in the decision pursuant to paragraph 1 are the supervising prosecutor - for pre-trial proceedings, and the court examining the case. Consequences of reaching an agreement Article 484 (New - State Gazette, no. 63 of 2017, entry into force on 5 November 2017) (1) If the agreement is reached to hold the criminal proceedings in another Member State of the European Union, proceedings in Bulgaria shall be discontinued on the basis of point 6 of Article 24(1). (2) If agreement is reached on conducting the criminal proceedings in the Republic of Bulgaria, the competent Bulgarian authority shall inform the authority of the other Member State accordingly. 6292/21 SC/np 6 ANNEX I JAI.2 EN ANNEX II I. Prosecutor’s Offices: 2. District Prosecutors’ Offices (transliterated as: Rayonna prokuratura): Regional Prosecutors’ Address Telephone e-mail: Office /name/ 8500, Aytos Aytos + 359 558/256 49 [email protected] “Bogoridi” str. № 2 6750, Ardino Ardino “Republikanska” str. + 359 3651/4574 [email protected] № 6 4230, Assenovgrad + 359 331/623 43, [email protected] Assenovgrad “Akad. N. Haytov” 623 87; .bg № 8, 6th floor; 9601 Balchik Balchik “Stara Planina” str. + 0359 579/723 34 [email protected] №2 3900, Belogradchik, Belogradchik “Knyaz Boris І” str. +359 9365/3140 [email protected] № 45 3500, Berkovitsa Berkovitsa ”Yordan Radichkov” + 359 953/882 75 [email protected] Sq. № 1 6292/21 SC/np 7 ANNEX II JAI.2 EN 2700, Blagoevgrad, + 359 73/828 0114 Blagoevgrad “Vassil Levski” Sq. [email protected] №1 2140, Botevgrad Botevgrad +359 723/693 02 “Svoboda” № 3 Б [email protected] 2360, Breznik Breznik “Proletarska” str. + 359 7751/2351 [email protected]; № 4 8000, Burgas Burgas “Alexandrovska” str. + 359 56/878 502 [email protected] 101, floor 3 7100, Byala Byala + 359 817/734 66 [email protected] ”Ekzarh Yosif” Sq. 3200, Byala Slatina +359 915/824 38, Byala Slatina ”Dimitar Blagoev” [email protected] 824 55; str. № 85 9000, Varna “Vladimir Varna + 359 52/503 477 [email protected] Varnenchik” Blvd. № 57 9850, Veliki Preslav Veliki Preslav “Boris Spirov” str. № + 359 53848347 [email protected] 80 5000, Veliko Veliko Tarnovo + 359 62/600 782 [email protected] Tarnovo 6292/21 SC/np 8 ANNEX II JAI.2 EN ”Vassil Levski” str. № 16 4600, Velingrad Velingrad “Han Asparuh” str. + 359 35 952 743 [email protected] № 16, 2 floor 3700, Vidin Vidin +359 94/601 058 [email protected] “Dunavska” № 14 3000, Vratsa Vratsa “Hristo Botev” str. № + 359 92/620 474 [email protected] 29; 5300, Gabrovo + 359 66/803 148, Gabrovo ”Vazrazhdane” Sq. [email protected] 810 262 № 1 9500, General General Toshevo Toshevo ”Vassil + 359 5731/2377 [email protected] Aprilov” str. № 8 5100, Gorna Gorna Oryahovitsa Oryahovitsa + 359 618/606 30 [email protected] ”Han Krum” str. № 2 2900, Gotse Deltchev Gotse Deltchev “Otets Paisii” str. + 359 751/601 75 [email protected] № 25 6280, Galabovo”Stephan + 359 Galabovo [email protected] Stambolov” str. № 2, 418/684 01 third floor. 6292/21 SC/np 9 ANNEX II JAI.2 EN 4800, Devin Devin + 359 3041/2358 [email protected] ”Al. Kostov” str. № 8 9163, Devnya + 359 51 993 272; Devnya [email protected] “Stroitel” str. № 7 92737 6400, Dimitrovgrad + 359 391/637 12 Dimitrovgrad “G.S. Rakovski” str. [email protected] 13 9300, Dobrich Dobrich ”dr. K. Stoilov” str. + 359 58/600 348 [email protected] № 7 5370, Dryanovo Dryanovo “Bacho Kiro” str. + 359 67 673 352 [email protected] № 21 7650, Dulovo Dulovo ”V. Levski” str. № + 359 864/241 15 [email protected] 12 2600, Dupnitsa Dupnitsa ”Nikolaevska” str.
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