Taking of evidence - national proceedings


Bulgaria - Criminal Procedure Code 2006 (2011) EN

Part 2 Evidencing

Chapter 12 Material Evidence

Article 109

Types of Material Evidence

As material evidence shall be collected and checked the objects, which have been meant or used for committing the offence or which have been an object of the offence, as well as any other objects, which may be used for making clear the circumstances under the case.

Part 2 Evidencing

Chapter 12 Material Evidence

Article 110

(1) The material evidence must be carefully checked, listed in detail in an appropriate record and, where possible - photographed.

(2) The material evidence shall be attached to the case file, taking measures to ensure that they are not damaged or modified.

(3) When the case is passed from one body to another, the material evidence shall be delivered together with the case file.

(3) Material evidence, which because of their dimensions or for other reasons cannot be attached to the file, must, where possible, be sealed and stored in the places specified by the respective authority.

(5) Cash and other valuables shall be delivered for safe-keeping to a commercial bank serving the state budget or to the Bulgarian National Bank.

Part 2 Evidencing

Chapter 13 Proofs

Section 3 Material Proofs

Article 125

(1) Where the material proofs cannot be separated from the place where they have been found, as well as in other provided by this code cases, photo pictures, slides, cinematographic records, video records, audio records, records on a computer information data carrier, plans, schemes, casts or fingerprints shall be made.

(2) The court and the bodies of the pre-trial procedure shall gather and check the material proofs, made by using special intelligence means in the cases, provided by this code.

(3) The materials under Para. 1 and 2 shall be attached to the case.

Part 2 Evidencing

Chapter 13 Proofs

Section 3 Material Proofs

Article 126

(1) The material proofs shall be prepared if possible by the persons who perform the actions of investigation and the actions of court investigation.

(2) If for this special knowledge and qualification are needed, an expert – technical assistant shall be appointed.

(3) Experts – technical assistants shall not be the persons enlisted in Art. 148, Para 1.

(4) The expert –technical assistant shall execute the assigned task under the direct supervision and guidance of the body which has appointed him/her.

(5) For failure to appear before the body or for as refusal to perform the assigned task without reason, the expert – technical assistant shall bear liability under Art. 149 as an expert.

Part 2 Evidencing

Chapter 14 Methods of Evidencing

Section 1 General Provisions

Article 137

(1) In the pre-trial procedure the inspection, search, inquisitorial experiment, recognition of persons and objects shall be performed in the presence of witnesses of the procedural actions.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;