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The National Assembly approved the introduction of the figure of a prosecutor investigating the Prosecutor General with the amendments to the Criminal Procedure Code adopted at second reading
29/01/2021
The Parliament decided the investigation into cases of crimes committed by the Prosecutor General or their deputy to be conducted by the prosecutor of the investigation against the Prosecutor General or their deputy with the adopted at second reading Draft Act supplementing the Criminal Procedure Code (CPC). The submitters of the amendments are Krasimir Tsipov, Deputy Chairman of GERB Parliamentary Group and a group of MPs.

The provisions adopted provide that the prosecutor investigating the Prosecutor General or their deputy may entrust separate investigative actions to an investigator from the investigative department of the Specialised Prosecutor's Office. The prosecutor of the investigation against the Prosecutor General or their deputy may refuse to initiate pre-trial proceedings, which should be notified to the victim or their heirs, the injured legal person and the person who made the announcement. The texts adopted provide that the refusal may be appealed before the Specialised Criminal Court and the Specialised Criminal Court of Appeal.

The MPs signed the procedure for the election of a candidate prosecutor in the investigation against the Prosecutor General or their deputy to be opened by the plenary of the Supreme Judicial Council not earlier than three months and not later than one month before the expiry of the mandate or within seven days of the occurrence of the circumstance for unfitness. The election decision shall be by a majority, not less than fifteen votes, by open vote. The term of office shall be five years without the right to a second term.

Within three months of the entry into force of the Supplement to the Criminal Procedure Code, the SJC shall conduct the procedure for selecting a prosecutor for the investigation against the Prosecutor General or their deputy. They shall be part of the Prosecutor's Office of the Republic of Bulgaria, shall participate in the proceedings on the cases falling within their competence before the Specialized Criminal Court, the Specialised Criminal Court of Appeal and the Supreme Court of Cassation.

The prosecutor of the investigation against the Prosecutor General or their deputy to be appointed shall be with the acquired status of irreplaceability, with high professional and moral qualities, with a positive complex assessment of “very good” since the last attestation, to whom no disciplinary sanctions have been imposed in the last five years with an enforceable decision.

No less than six of the members of the SJC Plenary as well as the candidate for the post may make nominations. The Certification and Competition Commission and the Committee on Professional Ethics to the Prosecutors' College of SJC prepare reports on the professional and moral qualities of the candidates.

Upon expiry or early termination of the term of office, the prosecutor of the investigation against the Prosecutor General, who has applied to the relevant SJC College within 14 days of the date of expiry or early termination of the term of office, shall be appointed to the post held before the election, to a position equal to or one grade higher than the one held.

The MPs decided that when the prosecutor of the investigation against the Prosecutor General is in factual impossibility to carry out an urgent action on the investigation, the administrative head of the Specialised Prosecutor's Office shall appoint a prosecutor from the same Prosecutor's Office on the principle of random selection.
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