Bulgaria’s Prosecutor General Voices Concern over New Special Prosecutor
“Tangible risks have been created for arbitrariness and violation of rights of the participants in the criminal proceedings, including the prosecutor general and his deputies under investigation,” stated Prosecutor General Ivan Geshev in a written statement submitted to the Constitutional Court (CC) concerning the changes in the Criminal Procedure Code (CPC) and the Judiciary Act, which created the figure of a special prosecutor for the investigation of No.1 Prosecutor. Some of them were challenged by President Rumen Radev, and the Constitutional Court suspended the procedure for electing the first special prosecutor, Lex reported.
According to Ivan Geshev, the amendments "guarantee absolutely disproportionate procedural and administrative-organizational uncontrollability of the prosecutor investigating prosecutor general or his deputy, but not impartiality and independence of the investigation."
He raises the issue saying that the new prosecutor is both part of the prosecution but at the same time does not belong to any of its units listed in the Judiciary Act.In addition, this prosecutor will participate in all phases and stages of criminal proceedings and before all court instances.
"The prosecutor tasked with investigating the prosecutor general or his deputy will simultaneously perform the functions of a prosecutor from the Specialized, Appellate Specialized and Supreme Cassation Prosecutor's Offices, which is in serious conflict with the established rules for compliance of the prosecutor's office structure with those of the courts and CPC-regulated procedural powers of the prosecutor in court proceedings, " Geshev stated before the Constitutional Court.
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