site.btaGovernment Adopts Amendments to Criminal Procedure Code to Ensure Effective Criminal Justice

At its regular sitting on Wednesday, the Council of Ministers approved amendments and supplements to the Criminal Procedure Code (CPC), aimed at ensuring the effectiveness of criminal proceedings. The changes fulfil Bulgaria’s commitments under the National Recovery and Resilience Plan and contribute to the goals set out in the Governance Programme of the Republic of Bulgaria for the period 2025-2029.

The CPC introduces specific grounds under which the Prosecutor General may revoke a decision to terminate criminal proceedings. Currently, such revocation is permitted only in “exceptional cases”, which creates ambiguity in legal application and uncertainty in the legal status of defendants. The proposed amendments allow intervention by the Prosecutor General in cases involving: discovery of false evidence, criminal behaviour by a prosecutor or investigative body related to the case, previously unknown circumstances or evidence of significant importance, or a ruling by the European Court of Human Rights (ECHR) indicating a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms in the respective case. These clearly defined and judicially recognized grounds will make such extraordinary interventions lawful and predictable, thus safeguarding the rights of defendants and all participants in the process. The amendments meet the standards of the Convention and respond to the findings of the independent review of the structural and functional model of the Bulgarian Prosecutor’s Office.

Another amendment introduces the possibility of splitting a case during the judicial phase in line with ECHR rulings and to address practical difficulties in court proceedings. The matter will be addressed at the preliminary hearing, during which the court may separate materials relating to defendants who are either in hiding, absent without valid reason, or temporarily unfit to stand trial due to mental incapacity or serious illness. These materials can be assigned to a separate case and distributed to a new panel of judges. This ensures the process continues effectively without being hindered by the absence of one defendant and also upholds the rights of victims.

A newly approved provision also allows victims or their heirs to request the court to expedite criminal proceedings even before charges are brought, if more than a year has passed since the initiation of pre-trial proceedings without anyone being indicted. The court, in turn, may issue binding instructions regarding the application of the law. This new procedural tool provides victims with a safeguard against inaction or the deliberate disregard of particular lines of inquiry. It reflects recommendations made in all rulings of the Council of Europe’s Committee of Ministers related to the S.Z./Kolevi v. Bulgaria group of cases and further guarantees victims' right to an effective criminal process.

The scope of judicial oversight is expanded regarding the termination or suspension of investigations by prosecutors. In such cases, the public institution that filed the initial report – as well as the Commission for Counter-Corruption and Unlawfully Acquired Asset Forfeiture, the Public Financial Inspection Agency, and the National Audit Office – may seek judicial review, even if the investigation was not initiated by them. These entities can challenge the suspension or termination of investigations related to corruption offenses committed by public officials, such as embezzlement, intentional mismanagement, conclusion of disadvantageous contracts, certain forms of misconduct in office, bribery (including intermediary bribery), trading in influence, as well as related crimes like money laundering, financial and tax offenses, and document fraud. These crimes are particularly damaging because they harm the public interest and, above all, erode trust in state institutions.