Statement of purpose of request and assistance sought

Bulgaria

Bulgaria - Criminal Procedure Code 2006 (2011) EN

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirty six. PROCEDURES IN CONNECTION WITH INTERNATIONAL COOPERATION ON PENAL CASES

Section III. International Legal Assistance in Penal Cases

Art. 474 (2) The request for interrogation from the court authority of the other state shall contain:

1. the reason for which the appearance of the person himself/herself is undesirable or impossible;

2. the name of the court authority of the other state;

3. the data of the persons who will carry out the interrogation;

4. the consent of the person who will be interrogated as a witness or an expert through a telephone conference;

5. the consent of the defendant who will participate in a hearing for interrogation through a video conference.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

2. The request shall, as applicable, contain or be supported by the following:

(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.