Identification Methods When Detaining a Person Using a False Identity Document

Following our previous analysis of the legal framework governing the detention of persons using false documents, this article examines the specific methods used to establish the identity of a person who has presented a false document and either refuses to cooperate or is unable to prove their real identity.

The use of forged identity documents is not uncommon, particularly in the context of irregular migration, evasion of justice or criminal activity. Unlike ordinary administrative cases, such conduct may constitute an offence under Article 308(1) of the Bulgarian Criminal Code. Difficulty or inability to identify the perpetrator places the pre-trial authorities in a particularly challenging position.

Initial identification measures are carried out by the Ministry of Interior pursuant to Article 59 of the Ministry of Interior Act. Police officers may establish identity by taking fingerprints, photographs and video recordings, and carrying out measurements where a person presents no document, refuses to cooperate, or there are grounds to believe that the person is using another person’s or a false identity. The data are entered into the integrated information system of the Ministry of Interior and automatically checked for matches.

If fingerprint checks produce no result, the next step may be genetic profiling (DNA identification). Under Article 146(4) of the Criminal Procedure Code, where necessary, investigating authorities may collect biological samples, including by compulsory measures pursuant to a prosecutor’s order. Genetic data are stored and processed in accordance with the applicable DNA registration rules. A DNA profile may be checked not only against the national database but also through international information exchange, particularly where the person is suspected to be a foreign national or part of a cross-border criminal network.

In addition to technical methods, identification may be assisted through cooperation with international institutions. Bulgaria has access to the Schengen Information System (SIS), EURODAC in cases involving applicants for international protection, and Interpol databases. Requests for fingerprint or DNA checks may be sent through the National Contact Point for Interpol or through Europol, depending on the nature of the case.

Traditional investigative measures are conducted in parallel: interviewing persons who have had contact with the detainee, examining mobile devices and SIM cards, analysing content stored on electronic devices, and tracing journeys. These measures seek to establish not only identity but also any connection to criminal activity.

Where there are reasonable grounds to believe that the detained person is a foreign national, the Migration Directorate becomes involved. If lawful residence cannot be established, administrative detention may be imposed under the Foreigners in the Republic of Bulgaria Act. The person may be placed in a specialised facility, such as the centres in Busmantsi or Lyubimets, until identity is established or a coercive measure such as expulsion or return under a readmission agreement can be implemented.

Every identification measure must comply with human rights and the rule of law. The person has the right to a lawyer, to be informed of the reasons for detention, to appeal before a court, and to an interpreter where there is a language barrier. Compulsory collection of biological material is permitted only subject to the safeguards laid down by law and judicial control.

In conclusion, identifying a person who uses a false document and is unwilling or unable to establish their identity is a complex, multi-stage process. Bulgarian law provides the investigating authorities with broad powers combined with technical resources and international cooperation. A proper balance between investigative effectiveness and individual-rights safeguards is essential to the lawfulness of the procedure and public confidence in justice.

This article is for information only and does not constitute legal advice. For assistance in a specific case involving false documents or identification procedures, consultation with a lawyer specialising in criminal law, such as attorney Mihail Tomov, is recommended.