Identification Methods in Cases of Detained Individuals with False Identity Documents

As a continuation of the previous analysis concerning the legal framework governing the detention of individuals using false documents, this article focuses on the specific methods for establishing the identity of a person who has presented a forged identity document and either refuses to cooperate or is unable to verify their real identity.

Cases involving the use of forged identity documents are not isolated, particularly in the context of illegal migration, evasion of justice, or criminal activity. Unlike ordinary administrative cases, this situation involves criminal conduct within the meaning of Article 308, paragraph 1 of the Criminal Code, where the difficulty or impossibility of identifying the perpetrator places the investigative authorities in a unique position.

Initially, identification actions are undertaken by the Ministry of Interior in accordance with Article 59 of the Ministry of Interior Act. This provision grants police officers the authority to establish a person’s identity by collecting fingerprints, photographing, video recording, and measuring, especially when the person fails to present an identification document, refuses to cooperate, or there is reasonable suspicion that the individual is using a false or someone else’s identity. The collected data is entered into the integrated information system of the Ministry of Interior, where an automated check for matches is performed.

If no match is found through fingerprint analysis, the next step is genetic profiling (DNA identification). According to Article 146, paragraph 4 of the Criminal Procedure Code, when necessary, investigative bodies may collect biological samples, including through coercive measures, based on an order issued by the prosecutor. The genetic data is stored and processed in accordance with the DNA Registration Act. DNA profiles are used not only for national database comparison but also for international information exchange—especially where there is suspicion that the person is a foreign national or part of a transnational criminal network.

In addition to technical measures, identification may be supported by cooperation with international institutions. The Republic of Bulgaria has access to the Schengen Information System (SIS), the EURODAC system (for persons seeking international protection), and INTERPOL databases. A request for fingerprint or DNA profile comparison can be submitted via the national contact point to INTERPOL or through Europol, depending on the nature of the case.

Alongside the technological measures, traditional investigative actions are also carried out—such as interviewing individuals the detainee had contact with, examining mobile devices and SIM cards, analyzing digital content, and tracking travel history. All of these efforts aim not only to determine identity but also to identify potential links to criminal activity.

In cases where there is a well-grounded assumption that the detainee is a foreign national, the Migration Directorate becomes involved in the procedure. If no data confirming lawful stay is found, the person may be subject to administrative detention under the Foreigners in the Republic of Bulgaria Act. Such detention may be implemented in specialized facilities (e.g. the centers in Busmantsi or Lyubimets) until the identity is established or a coercive measure is executed—such as expulsion or return under a readmission agreement.

It must be emphasized that every identification procedure must comply with human rights and the principles of the rule of law. The individual has the right to legal counsel, the right to be informed of the grounds for their detention, the right to appeal before a court, and the right to a translator in case of a language barrier. The coercive collection of biological material is permitted only under legal guarantees and judicial oversight.

In conclusion, identifying a person who uses a false document and either refuses or is unable to confirm their identity is a complex and multi-step process. Bulgarian legislation grants full authority to investigative bodies, in combination with technological tools and international cooperation. Maintaining the balance between effective investigation and safeguarding individual rights is essential to the lawfulness of the procedure and public trust in justice.

This article is for informational purposes only and does not constitute legal advice. For assistance in specific cases involving false documents and identification procedures, it is recommended to consult a criminal law attorney, such as Attorney Mihail Tomov.