1. DIGITAL EVIDENCE BEFORE THE COURT: LAW, THEORY AND PRACTICE 2-3 April 2004 University of Wroclaw, Faculty of Law

2. Miroslav Ognyanov Bulgarian Legal Portal LEX.BG Web: www.lex.bg www.lex.bg E-mail: miroslav.ognyanov@lex.bg miroslav.ognyanov@lex.bg ON-LINE ACCESS TO ELECTRONIC COURT DOCUMENTATION AND COURT TRIALS: BULGARIA

3. Bulgarian Judicial System in 2004 Efforts to reform judiciary Judicial System Reform Strategy 2001 Action Plan 2002

4. Judiciary Structure

5. Bulgarian Judiciary IT Strategy Current IT organizational status of the Judiciary. Problems: Insufficient level of computerization; Inadequate current IT organizational status of the Judiciary - understaffed IT areas both at the central and national level; Numerous projects are being and have in certain areas been performed for the same computerization requirement without any central plan and approach.

6. Judiciary Computerization Priorities Presently in Progress Computerization of the Judiciary Computerization of the Judiciary Unified information system to combat crime Unified information system to combat crime Bankruptcy proceedings (independent subproject of court case management) Bankruptcy proceedings (independent subproject of court case management) Property register Property register Prosecutors and Court Case Management systems Prosecutors and Court Case Management systems Unified Court Case Management system Unified Court Case Management system Unified commercial registers & central pledge register Unified commercial registers & central pledge register Document management / workflow system (Phase I) Document management / workflow system (Phase I) Data warehouse / management information system Data warehouse / management information system Conviction status certificate system Conviction status certificate system Legal information system Legal information system Technical infrastructure procurements Technical infrastructure procurements

7. Judiciary Computerization Priorities Medium and Long Term (by 2006) Investigation Services case management system Investigation Services case management system Document management & workflow system (Phase II) Document management & workflow system (Phase II) Data warehouse / management information system (new systems inclusion & project continuation) Data warehouse / management information system (new systems inclusion & project continuation) Prisons and Arrests information management system Prisons and Arrests information management system e-Justice (Phase I) e-Justice (Phase I) Enforcement of Judgment System Enforcement of Judgment System Financial management (payroll, etc.) Financial management (payroll, etc.) Technical infrastructure procurements Technical infrastructure procurements Human resource management Human resource management Accounting system compatible to the Acquis Accounting system compatible to the Acquis e-Justice (continuation) e-Justice (continuation)

8. Common database / application server platform Overall Concept Data Warehouse/OLAP MIS Public services CCMS CSCS Registers DM/WF

9. E-Justice No definition or explanation in the Judiciary Reform Strategy nor in the Judiciary IT Strategy E-Government Strategy 2002 (implementing eEurope 2005 Action Plan: An information society for all) – main purpose is the provision of quality and easily accessible electronic services 1 of the 20 planned electronic services – incorporation of a new company Performance of procedural rights in court proceedings electronically

10. Implementation Measures Implementation of the IT strategy (full computerization in courts, completion of unified software systems, training of the staff) Adoption of a Law on Submission and Issuance of Electronic Documents Signed with Universal Electronic Signature in the Judicial System

11. Funding Main donors: PHARE PROGRAM USAID Judicial Development Project

12. The activities focus on two broad areas: court administration (purchase of hardware and development of case management system); and judicial training.

13. Model Pilot Courts

14. Case Study 1: Varna District Court http://www.vcourt.org/index.html http://www.vcourt.org/index.html

15. On-line Access to Electronic Court Documentation in Varna District Courts Remote access to the company register; On-line services; Access to the court cases - only by the parties or their representatives

17. Case Study 2: Supreme Administrative Court - http://www.sac.government.bg http://www.sac.government.bg

18. On-line Access to Electronic Court Documentation in SAC Free on-line access to a significant part of the introduced case management system in the SAC Decisions of the court and scanned documents available on-line Full database of court acts (all the decisions and finings of the court, protocols from court hearings etc. are available on-line)

20. eCourt – On-line Broadcasting of Court Trials http://netlaw.lex.bg/ecourt http://netlaw.lex.bg/ecourt Partners: Varna District Court NetLaw Foundation Lex.bg

21. eCourt – On-line Broadcasting of Court Trials Aims: Increased transparency of the work of the Judiciary; Publicity of court trials; Publicity of court trials; Increased confidence in the work of the Judiciary and the Magistrates

22. Court 1Court 2 Video server I S P Clients I n t e r n e t

23. eCourt – On-line Broadcasting of Court Trials Main activities: On-line broadcasting of lawsuits of public interest ArchivingAvailability Usability in the legal education Forum