Deputies surprisingly accepted at first reading changes to the Judiciary Act proposed by “Vazrazhdane”. The bill has so far been rejected in the relevant committees.
The debate lasted more than four hours. The main topic was separation of the Consequence, which is why the experience of history, the European standard is cited and it even came to communism. The changes proposed by “Vazrazhdane” were approved with 117 votes “for”, 20 – “against”, 48 MPs abstained.
BSP leader Cornelia Ninova asked for changes between the first and second reading.
The bill provides The National Investigation Service (NSI) should be removed from the prosecutor’s office as an independent stand-alone body. The emphasis is that the head of The National Investigation Agency will be able to investigate the Attorney Generalmechanisms are introduced for increased control of its activities, as well as of the administrative heads of the judicial authorities.
Support was given by GERB-SDS, DPS, “Vazrazhdane” and “BSP for Bulgaria”.
The project of “Vazrazhdane” envisages expanding the powers of the director of the NSLS – with the initiation of the proceedings, he will acquire the status of an acting prosecutor in the investigation.
The project also foresees specifying the requirements for legal experience and professional qualification of the elected members of the SJC from the parliamentary quota and requirements for a scientific degree in the field of public-legal sciences are established for some of the candidates and a minimum legal experience in the judiciary or in the public-legal sphere.
The draft of the Council of Ministers regulates the adoption of Code of ethical behavior of Bulgarian judgesrespectively Code of Ethical Conduct of Bulgarian Prosecutors and Investigators.
After that, however, the People’s Representatives started to five bills to amend the Criminal Procedure Code (CPC). Two of them were introduced by the Council of Ministers, and the rest by Democratic Bulgaria, “Vazrazhdane” and We continue the change.
Some of the considered bills for changes in the Civil Code represent legislative initiatives included in The National Recovery and Resilience Planstates the report of the Parliamentary Committee on Legal Affairs. They may come into conflict with the proposal of “Vazrazhdane” adopted only an hour ago.
With one bill, – that of the official cabinet – a mechanism for investigating the Attorney General is also being established. The resulting file will be distributed immediately to a judge, randomly determined between the judges of the criminal panel of the Supreme Court and the judges of the criminal divisions of the appeals and district courts, with the rank of judge in the Supreme Court. It is proposed that this judge be temporarily appointed to the position of prosecutor in the Supreme Cassation Prosecutor’s Office in order to meet the constitutional requirement that criminal prosecution be conducted by a prosecutor. The amendments also provide that the decision of the Plenum of the Supreme Judicial Council, with which a proposal is made to the President for the appointment and dismissal of the Prosecutor General, must be accepted with a majority of not less than 13 votes, i.e. reducing the currently required majority of 17 votes.
The changes introduced by the DB concern the same issues as the previous bill with the applicant the Council of Ministers, namely a mechanism for investigating crimes committed by the Prosecutor General or his deputy. It is proposed that the cases for crimes of a general nature, committed by the chief prosecutor or his deputy, be tried as first instance by the Sofia City Court.
The second draft law, again submitted by the cabinet, transposes a European directive and introduces common minimum rules regarding the protection of the procedural rights of children, suspects or accused in criminal proceedings. The detention of a child is intended to be used as a measure of last resort, and may not last more than five months in the case of a charge of a serious premeditated crime and more than one year when a penalty of not less than fifteen years’ imprisonment is provided, or other more severe punishment. In all other cases, it is proposed that the duration of pre-trial detention should not exceed two months. The bill provides that cases in which the accused is a minor will be investigated, tried and decided with priority, and introduces the principle that minor defendants will be tried behind closed doors.
With the “Revival” bill aims to achieve a more objective, speedy criminal process in the pre-trial phase. The right of the accused to appeal most of the prosecutor’s acts in the pre-trial phase, for example the decree refusing to take evidence in the pre-trial phase of the trial, is expanded, thus fully guaranteeing the right of defense of the accused. An opportunity is created for the investigating police officers to be able to start, assess the initiation and initiation of pre-trial proceedings, while maintaining their obligation to immediately report this to the supervising prosecutor.
The bill of the PP provides for the achievement of procedural speed. They provide an opportunity for the investigating authorities to submit a request for certification, for permission to search and seize before the court of first instance, as well as to submit for approval by the court the protocol for the action taken in the conditions of urgency. It has been proposed to expand the possibility of using special intelligence means, against a witness who has given his consent to it, for serious intentional crimes. The changes envisage the possibility for investigating police officers to conduct pre-trial proceedings against magistrates. It is also proposed to drop amendments to the Civil Code (Article 194, Paragraph 1, Item 2a) from 2018 due to the lack of effective results.
