Two criminal acts, committed under the conditions of an ongoing crime pursuant to Art. 311, Par. 1 of the Criminal Procedure Code, have been ascertained by the regional Prosecutor’s office in Blagoevgrad following an ACF signal.
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16/07/2018

THE MANAGER OF THE ANTI-CORRUPTION FUND /ACF/, MIROSLAVA PETROVA, WAS ONCE AGAIN SUMMONED IN RELATION TO THE “MENKAURA” CASE, SO THAT THIS TIME SHE WAS HANDED A WARNING PROTOCOL

Topic:

Public contracts

Status:

Signal addressed to ADFI and the Public Prosecutor’s office

Stage:

Warning protocol Sofia Directorate of Internal Affairs /Bulgarian abbreviation: SDVR/

The competent organs unprecedentedly insist that Petrova refrains from aggression against the manager of “Menkaura” – Dimitar Atanasov. The ACF manager does not know this person.

In this case the Ministry of Interior probably claims there are enough data to assume that Petrova will commit a crime against Dimitar Stoyanov Atanasov. About a month ago Atanasov was in the focus of an ACF publication. The fund’s legal department found serious discrepancies in the documentation on the basis of which a company owned by Atanasov had been granted a public contract for renovation in Blagoevgrad. On 23 March 2018 ACF notified the Public Prosecutor’s office and the Public Financial Inspection Agency /Bulgarian abbreviation: ADFI/ of a grounded assumption about falsified data declared in the documentation of the company, which had been granted a public contract for “Implementation of Engineering – Design and Execution of Construction and Installation Works in Relation to the Realization of the National Program for Energy Efficiency of the Multi-familial Residential Buildings in the Territory of Blagoevgrad Municipality – 2nd Stage”. The public contract concerns the renovation of a “Multi-familial Residential Building – Block of Flats no. 38”, address: “Alen Mak” quarter, and is estimated to 1,158,757.3 BGN, with no VAT.

Last week the Regional Prosecutor’s Office – Blagoevgrad confirmed ACF’s suspicion that the offer of the winner – “Menkaura” PLC – contains data regarding the drafting of an official document certifying false circumstances, with the purpose of being used as a proof of those circumstances. According to the Criminal Procedure Code, the perpetrator of this crime has to be punished with up to 5 years’ imprisonment.

The ordinance, via which the Prosecutor’s Office in Blagoevgrad transferred the investigation of the “Menkaura” case to the competence of the Sofia Regional Prosecutor’s Office, clearly states that the company’s manager Dimitar Atanasov has drafted two documents with false contents. Atanasov claims that “Menkaura” PLC was a subcontractor of the company “HUFU” (PLC) – another company he managed in the past – upon the construction of the kindergarten in Pleven, Bulgaria. The contract about the construction of the site, however, clearly indicates that “HUFU” PLC worked without subcontractors on that site.

According to the Prosecutor’s Office, there are enough data for starting pretrial proceedings. According to the information system of the state prosecution, the Sofia Regional Prosecutor’s Office has commissioned an investigating officer from SDVR to carry out the investigation.

In practice, we may draw the conclusion that Atanasov has falsified the background of the “Menkaura” company in order to be granted the public contract for the renovation in Blagoevgrad.

Following that publication, Miroslava Petrova was warned by the Ministry of Interior to not commit any crime or violation against Dimitar Stoyanov Atanasov’s personality. It remains unclear what has stirred the authorities’ apprehension for the entrepreneur’s health and life, especially considering the fact that the manager of the fund neither knows, nor has ever seen the person in question. Petrova only notified the competent organs of an inspection under suspected irregularities in a certain public contract, which in this case appear to be confirmed by the Prosecutor’s Office at this stage.

It turns out that, in relation to exercising his/her constitutional rights to notify the state organs and to carry out activities of benefit to society, everybody may be handed a warning protocol as a potential violator and criminal.

Here comes the logical question: actually who is protected by the police and the Prosecutor’s Office?


Criminal Procedure Code of Bulgaria

Cooperation by the public
Article 204: Pre-trial bodies shall widely use the assistance of the public in order to discover the criminal offence and to elucidate the circumstances of the case.

Obligation of the citizens and officials to notify
Article 205: (1) Where they come to know about a perpetrated publicly actionable criminal offence the citizens shall be publicly obligated to notify forthwith a body of pre-trial proceedings or another state body. (2) Where they come to know about a perpetrated publicly actionable criminal offence the officials must notify forthwith the body of pre-trial proceedings and take the necessary measures for the preservation of the general setup and data about the crime.