Four NGOs Have Supported Proposed Legislative Changes to the Criminal Procedure Code, Increasing Accountability of the Prosecutor's Office

The Bulgarian Helsinki Committee, the Anti-Corruption Fund Foundation (ACF), the Institute for Market Economics, and the Bulgarian Lawyers for Human Rights Foundation presented today in Parliament a joint opinion on the draft legislative amendments to the Criminal Procedure Code.
The proposed legislation builds upon previous attempts to amend the Criminal Procedure Code and to correct identified weaknesses in the area of criminal justice and particularly in the work of the Prosecutor’s Office.
The Committee on Legal Affairs of the National Assembly will discuss the draft amendments today.
The four non-governmental organizations expressed their support for the proposed draft amendments, adding that their adoption is “absolutely essential and much delayed.”
“The proposed amendments represent an important step towards increasing the effectiveness of criminal proceedings through the provision of more opportunities for external review of how the Prosecutor’s Office exercises its public authority, as well as by the creation of a mechanism for an independent investigation of the Prosecutor General,” reads the text of the opinion.
The need to increase the effectiveness of criminal proceedings has been pointed out repeatedly as a “systemic problem” of Bulgaria’s criminal justice system in the European Court of Human Rights (ECHR) decisions. For almost 15 years, it has also been stressed repeatedly in the recommendations of the Venice Commission and the Council of Europe. According to ECHR’s decisions and the recommendations of the two other bodies, the lack of effectiveness of Bulgaria’s criminal justice system is directly linked to two main issues: 1) the lack of external control (by institutions other than the Prosecutor’s Office) over decisions of the Prosecutor General and 2) the legal system’s lack of guarantees for independent investigation against the Prosecutor General which includes no mechanism for criminal liability of the Prosecutor General.
Within the past 15 years, no measures have been taken to reform the criminal justice system and overcome the abovementioned problems. Judicial reform was a key priority for the previous Bulgarian government and is also one of the conditions the country must meet to receive funding under the NextGeneration EU recovery package.
The four NGOs maintain that complete reform of the judicial system in Bulgaria is only possible through constitutional amendments that promote greater independence of the courts and make the Prosecutor’s Office more accountable.
Still, the proposed amendments will initiate many of the much-needed criminal justice reforms which are possible without amending the Constitution. The draft legislation also covers many of the longstanding recommendations of the Venice Commission and the Committee of Ministers of the Council of Europe.
In their opinion, the organizations have also put forward several proposals to improve the draft legislation further:
– The opinion supports the proposal to introduce judicial review over decisions by the Prosecutor’s Office not to initiate pre-trial proceedings. The proposed draft legislation limits the scope of judicial review over such decisions to avoid placing a significant burden on the courts. However, according to the four NGOs, the risk of burdening the courts is small, while the proposed limited judicial review over decisions not to initiate pre-trial proceedings creates tangible risks of leaving cases of high public interest and significance outside of the scope of judicial oversight;
– The opinion supports the proposal to have the Prosecutor General submit to the National Assembly an annual report on how the prosecution is countering corruption crimes.
At the same time, the organizations are expressing concern over the fact that, at present, the Prosecutor General is not meeting his obligation to publish all his decisions on the website of the Prosecutor’s Office of the Republic of Bulgaria. “This is why it is important to consider whether the Prosecutor General meets his obligations under the legislation and to introduce a deadline for compliance,” reads the opinion.
– The opinion expresses reservations about a proposal to introduce a legal definition for the crime of torture. The proposed amendment does not contain a clear definition of what constitutes torture and does not comply with the ECHR case law as it does not specify a statute of limitations for this type of crime. In addition, the proposed punishment does not correspond to the severity of the crime.
Press releases

ACF: Many Violations in the Operation of Buffer Parking Lot Near Ruse Border Crossing Part 2 of Game of Parking Lots Exposes Curious Family Ties and Shows How State Interference Supports a Monopoly

Game of Parking Lots: Persons Linked with Kapitan Andreevo Scandal Expand Their Reach to Bulgaria’s Northern Border

How Sanctioned Persons Are Visiting Bulgaria “on Medical Grounds” with the Foreign Ministry’s Approval

ACF: BACB Does Not Deny Hosting Talks Between TurkStream Tenderers

TurkStream Tenderers Also Held Secret Talks at Tzvetelina Borislavova’s Bank

Who and How Held Illegal Secret Negotiations with TurkStream Tenderers in 2019?

“Pelletgate”: firm linked to Delyan Dobrev received large amounts from Maritza 3 TPP for fictitious deliveries of biomass

ACF files a report to the Prosecutor's Office about cybercrimes committed during the electronic voting for members of the Supreme Judicial Council in June 2022

ACF's Annual Monitoring Report 2022: Institutions remain blind to high-level political corruption

Presentation of the ACF Annual Monitoring Report "Anti-Corruption Institutions 2022: Eyes Wide Shut"
The others for us

Major General Paul H. Pardew will be ACF's International Advisor

Purchased and controlled vote and trust in the electoral process

Anti-Corruption Fund Foundation held a meeting and discussion in Blagoevgrad

Andrey Yankulov to Fakti: The work of the Anti-Corruption Commission is shrouded in secrecy

Mario Rusinov on election technology and the purchased vote

The most important thing about anomaly-monitoring analyses is the politicians' awareness that they are taking place

Der Standard: As early as 2019, ACF has sent reports to the Financial Inspectorate and the Prosecutor's Office about irregularities at the Capitan Andreevo Check Point

Andrey Yankulov: It is strange that a deputy minister was dismissed after allegations of a BGN 200 000 bribe, and now he has been restored to the same position

Andrey Yankulov: The draft law about the Anti-Corruption Commission allows for external control over the Prosecutor's Office

Trading votes for firewood, or about the election frauds in the upcoming elections
Video


PELLETGATE


Game of Parking Lots: Persons Linked with Kapitan Andreevo Scandal Expand Their Reach to Bulgaria’s Northern Border


PELLETGATE


“Pelletgate”: firm linked to Delyan Dobrev received large amounts from Maritza 3 TPP for fictitious deliveries of biomass


Analysis of the ACF: GERB and the Movement for Rights and freedom win the biggest share of votes in polling stations at risk


The Rules of Bukovlak


"Our Party - Number One": Witness account of voting instead of voters and threats on election day in Breznitsa village


"How many votes do we have for Stefcho?", new witness from Simitli municipality


"How many votes do we have for Stefcho?" Another first-hand account of flagrant violations at the polling stations in Simitli, where Stefan Apostolov won 90% of the vote

