site.btaSupreme Court of Cassation Challenges Legitimacy of Acting Prosecutor General

With two rulings dated October 2, the Supreme Court of Cassation (SCC) has refused to initiate proceedings on requests filed by the acting Prosecutor General for the resumption of criminal proceedings, the court said in a statement.

The court notes that the submitted requests were signed by Acting Prosecutor General Borislav Sarafov.

Sarafov was appointed as acting Prosecutor General by a decision of the Prosecutors Chamber of the Supreme Judicial Council on June 16, 2023.

However, a recent amendment to the Judicial System Act (Article 173, paragraph 15), stipulates that a temporary replacement to the Prosecutor General, the President of the Supreme Court of Cassation or the President of the Supreme Administrative Court, may not be appointed for a period longer than six months, regardless of any interruption.

The court notes that the six-month period from the entry into force of the provision expired on July 21, 2025.

"Under this provision, upon the expiration of the specified period, the acting Prosecutor General at the time of its entry into force may no longer perform the functions for which he was appointed by the Prosecutors Chamber of the Supreme Judicial Council," the ruling of the Supreme Court of Cassation states.

Based on that the judges challenged the legitimacy of the acting Prosecutor General to submit a request for the reopening of criminal cases.

"In this case, the person who submitted the request for reopening cannot exercise this authority in light of the legislative amendment under Article 173, paragraph 15 of the Judicial System Act,” the court said.

A few days earlier, the Prosecutors Chamber of the Supreme Judicial Council upheld its decision to appoint Borislav Sarafov as acting Prosecutor General and did not initiate an administrative procedure to appoint a new acting Prosecutor General.