The Special Court of Appeal releases businessman Nikolay Banev on bail of 500,000 The ruling by which the second instance increased the amount of Banev’s guarantee from BGN 200,000 to half a million is final. It is from November 23, the website specifies “Lex“.
Banev was detained for more than two and a half years after he was arrested in October 2018. In May this year. the court changed his measure to house arrest, and in October he and his wife Evgenia condemned Bulgaria in the European Court of Human Rights (ECtHR), including due to long arrests. In its reasoning, the Strasbourg court noted that the length of detention, including house arrest, was worrying. This led to a new ruling by the special court, which had once set a bail of BGN 1 million for Banev, but the second instance overturned it. At the end of October, after the decision of the European Court of Human Rights, the special court again determined Banev’s bail, but of BGN 200,000.
Nikolay Banev is with COVID-19
This was announced by one of his lawyers
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However, the prosecutor’s office protested against the release of Banev for BGN 200,000 and insisted that he remain under house arrest because he threatened a witness in the case. Banev himself pleaded that he could not pay a guarantee of BGN 200, as his property was blocked. Banev also insists that the court not take into account the testimony of the witness, because the information was not collected under the Criminal Procedure Code.
From the ruling of the appellate judges Emilia Petkova, Venelin Ivanov (rapporteur) and Adelina Ivanova, it is clear that due to the ECtHR’s finding of “alarming” Banev’s prolonged detention, which has already exceeded 3 years, they also accept that he cannot help it. a lighter measure of restraint will be imposed. However, according to the court panel, there is still a reasonable suspicion that he committed the crimes he is accused of, including money laundering and tax evasion of over BGN 1.5 million.
It is also clear from the court act about the allegations of the witness that Banev warned her to be careful what testimony she gives. M. Nikolova filed a complaint with the Specialized Prosecutor’s Office, explaining that on October 2, around 6 pm, Banev called her on the phone, and she accepted the call as a threat to her life because she knew him as unscrupulous. In her complaint, she tells and his words to her: “You are a smart girl and you know what you should and should not say.”.
Banev then informed her that he had no bad feelings for her so far, but warned her that if he confirmed his testimony from the pre-trial proceedings, he would strike her out forever. “The witness tried to explain that he would have to tell only the truth before the court, but the defendant told her that” you know, the wheel is spinning and now I am no longer closed, “the court revealed the content of the witness’s complaint.
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Nikolay Banev gave up his defense and then re-authorized his lawyers
The delay in the case is not the fault of the court or the prosecutor’s office, prosecutors explain
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In response to Banev’s objection that cannot pay the guarantee, the court panel points out that many of its offshore companies probably have enough assets and it can be assumed that there is enough money in their accounts that has not been seized by the anti-corruption commission. “It should be noted that the bail can be submitted by a person other than the defendant,” the court concluded.
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