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European Investigation Order Bill passes second reading
07/02/2018
A European Investigation Order Bill has passed second reading.
The bill regulates the execution of the European Investigation Order between EU member states for effective investigation of crimes with a cross-border dimension. It introduces a single form of EIO and sets out rules for submitting evidence to the competent authorities of the issuing State.
A EIO will be recognised on the territory of the Republic of Bulgaria, if it relates to acts that also constitute a crime under the Bulgarian legislation, when despite the differences in their composition, their main elements are the same.
Within 30 days after receipt of a EIO, the competent authority shall decide on its recognition and execution. The deadline can be extended by no more than 30 days after the reasons for the delay have been indicated and consultations have been held between the competent authority and the issuing authority. Within 90 days after the date of the decision on the EIO, the competent authority shall undertake investigative measures and other procedural action.
The bill contains detailed rules for undertaking procedural action related to the investigation, such as temporary transfer of a person held in custody, hearing by video conference, collection of bank and financial information, covert investigation, and email interception.
The bill also sets out the procedure for authorising transit of persons held in custody for temporary transfer through the territory of the Republic of Bulgaria for undertaking investigative measures and other procedural action.
A European Investigation Order can be also issued for undertaking investigative measures and other procedural action in view of the temporary prevention of destruction, transformation, moving, transfer or disposal of evidence.
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