Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Art. 128.

Preparation of a record

For each action of investigation and of court investigation, a record shall be prepared at the place where it has been performed.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 129

Contents of the record

(1) the record shall contain: the place of the actions of investigation and the court actions of investigation; the place where they started and finished; the persons who participated; the requests, notes and objections, the performed actions, their sequence and the collected evidence.

(2) The record shall be signed by the body which has performed the action, as well as by other participants in the penal procedure in the cases as provided by this code.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 130

Corrections, amendments and supplementations of the record

All the corrections, amendments and supplementations of the record shall be certified by the signature of the persons who have signed it.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 131

The records as proof

The records made under the conditions and following the order of this code, shall be proofs of performance of the respective actions, of the order under which they are performed and about the collected evidence.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 132

Record of preparation of material proofs

(1) The preparation of material proofs shall be reflected into the record concerning the record, which shall be signed by the body which has performed the actions and by the expert – technical assistant.

(2) (amend. – SG 109/08) Preparation of material proofs, obtained by usage of special intelligence service shall be reflected in a record, signed by the head of the structure which has made out the proof, where the following shall be stated:the time and place of application of the special intelligence service and for the preparation of the respective material proofs;the personality of the controlled person;the used operational manners and technical means;textual reproduction of the content of the material proof.

(3) (amend. – SG 109/08) To the record under Para. 2, the following shall be applied: the request for usage of a special intelligence device, the written consent of the persons under Art. 123, Para. 7, the permit for its usage and the direction of the Minister of Interior or of an empowered by him/her deputy-minister or of the Chairman of the State Agency "National Security" or of an empowered by him/her deputy-chairman under the provisions of the Law of the Special Intelligence Devices

(4) An integrate part of the record under Para. 2 shall be the material proofs, which shall be attached to the case.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 133

(1) Upon request of the interested person the court or of the body of the pre-trial procedure shall issue, by virtue of which the state and the municipal bodies, the legal persons and the sole entrepreneurs shall be obliged to provide the person with the needed documents within their competence.

(2) For failure to execute the obligation under Para 1 without reason, the respective official shall be sanctioned with a fine from one hundred to one thousand BGN.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 134

Document in a foreign language

Where a document is in a foreign language, it shall be accompanied with a translation in the Bulgarian language, certified under the respective order, or an interpreter shall be appointed.

Part 2 Evidencing

Chapter 13 Proofs

Section 4 Written proofs

Article 135

Paper media of computer data

Computer information data shall be also recorded on a paper media under the provision of Art. 163, Para. 7.

Part 2 Evidencing

Chapter 17 Investigation

Section 2 Records of Actions of Investigation, Audio-records and Video-records

Article 236

Presenting and handing up records of actions of investigation

(1) The body of the pre-trial procedure shall present the record of actions of investigation before the persons, who have taken participation in their performance, in order to become acquainted with it, or shall read it upon their request.

(2) The body of pre-trial procedure shall explain to each person his/her right to demand corrections, amendments and supplementations of the record. The stated requests shall be entered in the record.

(3) Where some of the persons, who have participated in the acts of investigation refuses or is unable to sign the record, the investigating magistrate shall note down this fact and shall also state the reasons for this.

(4) A copy of the record of search, seizure and certification shall be served to the person, subject of such acts of investigation.