site.btaSofia City Court Reviews Detention Measures for Seven Arrested in Joint Operation by Sofia City Prosecution Office, Anti-Corruption Commission

The Sofia City Court on Saturday reviewed the detention measures of seven individuals arrested during a joint operation of the Sofia City Prosecution Office and the Anti-Corruption Commission. Defence lawyers argued that the proceedings should not begin, claiming that the Commission does not have investigative powers. According to the prosecution, the motions of the defence were unfounded.

After withdrawing to deliberate, Judge Ivan Koev ruled that the defence objections were unfounded. He stated that the Anti-Corruption Commission has investigative powers with respect to persons holding public office. Under the same law, members of Parliament fall within this category. The pre-trial proceedings were initiated and are being conducted for offences allegedly committed by individuals charged in their capacity as accused persons, with the participation of a person holding public office - a person with immunity. The case materials identify this person, who is not anonymous, but as long as their immunity remains in force, they cannot be charged under the applicable legal procedure.

Judge Koev noted that arguments cannot be drawn from the Supreme Court of Cassation’s ruling concerning the jurisdiction in the case involving the Mayor of Varna, as that ruling was issued after the case had already entered its judicial phase.

Further evidence must be collected and the charges must be specified by naming the person with immunity, should an indictment be brought and if the legal conditions allow, the judge added.

The court gave the case the go-ahead.

The specialized joint operation was carried out on Wednesday in Sofia, Varna, Shumen, Pazardzhik and the village of Neofit Rilski, the prosecution said at the time. The action was part of an investigation into organized crime related to corruption.