Octopus Cybercrime Community

Bulgaria ratified the Budapest Convention in 2005. Cybercrime related legislation has been enacted in national legislation through the Criminal Code and the Criminal Procedure Code.

The Criminal Code of Bulgaria provides an exhaustive substantive law framework, addressing all offences provided by the Budapest Convention.

The Criminal Code criminalises the following offences:

Article 319a - Illegal access to a computer system

Articles 171, 319d - Illegal interception

Articles 171a, 212a, 319b, 319c - Data interference

Articles 319b, 319c - System interference

Articles 319e, 319d, 348a, 216 - Misuse of Device

Articles 212a, 319b - Computer-related forgery

Article 212a - Computer-related fraud

Article 159 - Offences related to child pornography

Articles 172a, 172b, 173, 174 - Offences related to infringements of copyright and related rights

In terms of procedural powers, the Criminal Procedure Code provides all relevant procedural powers also found in the Convention, with exception of real-time collection of traffic data and interception provided under the Electronic Communications Act.

Criminal Procedure Code:

Pre-trial bodies may use the following special intelligence means:

- technical means - electronic and mechanical devices and substances that serve to document operations of the controlled persons and sites;

- operational techniques - observation, interception, shadowing, penetration, marking and verification of correspondence and computerised information, controlled delivery, trusted transaction and investigation through an officer under cover.

Other measures:

Article 159 - Obligation to hand over objects, papers, computerised data, data about subscribers to computer information service and traffic data

Article 160, 163 - search and seizure

Article 165 - Interception and seizure of correspondence

Access of computer data (Electronic Communications Act - Article 215b)

General rules and safeguards apply.

The Constitution of Bulgaria in Chapter Two guarantees a series of fundamental human rights and freedoms, among which:

Article 30. Everyone shall have the right to liberty and inviolability of person.

Article 32. The privacy of citizens shall be inviolable.

Article 33. The home shall be inviolable.

Article 34. The freedom and confidentiality of correspondence

Article 41. Everyone has the right to seek, receive, and disseminate information.

The above-mentioned constitutional principles are reflected in the criminal legislation, including the Criminal Procedure Code, the Criminal Code, and the Electronic Communications Act.

Constitution

Electronic Communications Act

Electronic Document and Electronic Signature Act

E-commerce Act

Law On Protection Of Personal Data

Authority for extradition and provisional arrest in the absence of other treaties

Ministry of Justice - (extradition),

Supreme Cassation Prosecutor’s Office - (provisional arrests)

Authority for Mutual Legal Assistance in the absence of other agreements or arrangements (Article 27)

Ministry of Justice - (trial stage),

Supreme Cassation Prosecutor’s Office - (pre-trial stage)

24/7 Contact point (Article 35)

General Directorate for Combating Organized Crime, Ministry of the Interior Transborder

Organized Crime Department

Legislative framework:

Extradition And European Arrest Warrant Act - art. 36

Criminal Procedure Code - art. 471, 472, 473, 474, 475, 476, 477

Ministry of Interior Act - art. 161a, 161c, 161e

Electronic Communications Act - art. 251з