site.btaParliament Adopts First-Reading Amendments Allowing Prosecutor General to Revoke Case Closures

Parliament adopted at first reading amendments to the Criminal Procedure Code introducing explicit grounds on which the prosecutor general may revoke decisions to terminate criminal proceedings. The amendments were tabled by the Council of Ministers and were adopted on Thursday by 160 votes in favour, with no votes against and 20 abstentions.

It is envisaged that the prosecutor general will intervene in such cases where false evidence is found, a crime is committed by a prosecutor or investigating authority in connection with their participation in criminal proceedings, circumstances or evidence of material importance to the case are unknown to the prosecutor, a decision is issued by the European Court of Human Rights on a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the relevant proceedings.

The bill fulfils commitments made under the National Recovery and Resilience Plan, as well as targets set out in the Governance Programme of the Republic of Bulgaria for the 2025-2029 period.

Judicial control will be expanded in cases where investigations are terminated or suspended by a prosecutor. In such cases, the state authority that reported the crime under investigation, as well as the Anti-Corruption Commission, the Unlawfully Acquired Assets Forfeiture Commission, the Public Financial Inspection Agency, and the Bulgarian National Audit Office may appeal to the court even if the investigation was not initiated on their report.

MPs also adopted at first reading a bill amending the Criminal Procedure Code tabled by There Is Such a People MP Dimitar Gardev and a group of MPs, with 163 votes in favour and 20 abstentions. The amendments aim to reflect in the Criminal Procedure Code the demilitarization of the State Intelligence Agency (SIA), which took place in 2015 under the State Intelligence Agency Act. It is envisaged that cases involving alleged crimes committed by SIA employees will not be subject to military courts.