Production of evidence - national proceedings


Bulgaria - Criminal Procedure Code 2006 (2011) EN

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.

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;