BULGARIA - PENAL PROCEDURE CODE
Part two. EVIDENCING
Chapter eleven. GENERAL PROVISIONS
Art. 107. (1) The bodies of the pre-trial procedure shall collect evidence ex- officio.
(2) The court shall collect evidence on the made by the parties requests, and in own initiative – where necessary for the revealing the objective truth.
(3) The court and the bodies of the pre-trial procedure shall collect and check as the evidence, exposing the accused or aggravate his/her liability, as well as the evidence which acquit the accused or mitigate his/her liability.
(4) Collection of evinces may not be refused only because the request is not made within the definite period.
(5) All collected evidence shall be subject to a precise check.
Actions of investigation and court investigation actions under delegation or in another region.
Art. 108. (1) The actions of investigation and court investigation actions under delegation shall be admitted, whereas they shall be performed outside the region of the body which shall hear the case and their performance by this body is collected with significant difficulties.
(2) Whereas pronounced by a court, the delegation shall be executed by the respective regional judge, and whereas is pronounced by a body of the pre-trial procedure – by the respective body of the pre-trial procedure.
(3) Whereas finds necessary, the body which shall hear the case, may also perform single actions under Art. 1 in the region of another court.
Part 2 Evidencing
Chapter 14 Methods of Evidencing
Section 1 General Provisions
Article 136
(1) Methods of evidencing in the penal procedure shall be: interrogation, expert examination, inspection, search, inquisitorial experiment, recognition of persons and objects and special intelligence devices.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.