site.btaParliament Amends Conclusively Criminal Procedure Code on Surveillance of Magistrates, Precautionary Measures for Sentenced Persons

Parliament Amends Conclusively  Criminal Procedure Code on Surveillance of Magistrates, Precautionary Measures for Sentenced Persons

Sofia, May 27 (BTA) - Bulgaria's Parliament Wednesday passed
conclusively amendments to the Criminal Procedure Code laying
down a procedure for authorizing the use of special surveillance
means with regard to judges, prosecutors and investigating
magistrates and regulating the precautionary measures to secure
the appearance of persons sentenced to actual prison terms.

The new provisions specify the administrative heads competent to
grant preliminary authorization for the use of special
surveillance means with regard to magistrates and the
prosecutors who can request such authorization, depending on the
position of the subject of surveillance and the judicial
authority at which he or she works and whether this is done at
the pre-trial or trial phase.

The amending law also revised the Special Surveillance Means
Act, obligating the National Bureau to alert the prosecuting
magistracy and inform the Supreme Judicial Council, the head of
the competent superior court and the Minister of Justice if
there is reason to believe that the use of special surveillance
means has been authorized unlawfully.

In urgent cases, where there is no other way to take and
perpetuate evidence in the investigation of drug-related
offences, the pre-trial proceeding authorities will be competent
to seize undelivered correspondence without a judge's
authorization. The seizure provisions will also apply to
electronic mail, the MPs resolved.

When a defendant is found guilty and is sentenced to deprivation
of liberty and the implementation of the penal sanction is not
deferred and there is a credible risk of the sentenced person
absconding, the court may replace the precautionary measure to
secure his or her appearance by a severer measure or may take
such a measure, Parliament resolved. A credible risk of
absconding exists where the person is found guilty and sentenced
to not less than ten years' imprisonment or another heavier
penal sanction.