General Constitutional and Legal Basis

The Republic of Bulgaria shall be a law-governed state. It shall be governed by the Constitution and the laws of the country. /Art. 4. (1) Constitution of the Republic of Bulgaria (CRB)/

The Republic of Bulgaria shall guarantee the life, dignity and rights of the individual and shall create conditions conducive to the free development of the individual and of civil society. /Art. 4. (2) CRB/

The judiciary shall safeguard the rights and legitimate interests of all citizens, juridical persons and the state. / Art. 117. (1) CRB/

The judiciary shall be independent. In the performance of their functions, all judges, court assessors, prosecutors and investigating magistrates shall be subservient only to the law. /Art. 117. (2) CRB/

All citizens shall be equal before the law. There shall be no privileges or restriction of rights on the grounds of race, nationality, ethnic self-identity, sex, origin, religion, education, opinion, political affiliation, personal or social status or property status. /Art. 6. (2) CRB/

No one shall be convicted for action or inaction which at the time it was committed, did not constitute a crime. /Art. 5. (3) CRB/

The state power shall be divided between legislative, executive and judicial branches. / Art. 8. CRB/

/The Prosecutor’s Office is a part of the judiciary./

The Prosecutor's Office shall ensure that legality is observed … /Art. 127. CRB/

Prosecutors shall be elected, promoted, demoted, reassigned and dismissed by the Supreme Judicial Council. /Art. 129. (1) CRB and art. 124 Law for the judicial system (LJS)/. The Supreme Judicial Council determines the number of the court districts and the headquarters of the district, regional, military and courts/prosecutor’s offices/ of appeal, as well as the number of prosecutors, fixes the remuneration of the prosecutors, takes a decision for lifting immunity, temporary dismiss from position in the determined by law cases, under request of the Prosecutor general, and delivers judgment on disciplinary cases against them”. /Art. 27. (2) (LJS)/

The prosecutors are independent in performing their activity. /Art. 117. LJS/. The military prosecutors are independent from the military bodies in performing their duties./Art.113 (2) LJS/

In implementing the judicial authority the judges, prosecutors and investigating magistrates shall bear criminal and civil responsibility for their official actions and for the acts ruled by them, unless the deed is an indictable deliberate crime. / Art. 132. (1) CRB/

The injunctions of the prosecutor issued in compliance with his competence and the law are obligatory for the officials and for the officials and the citizens. The state organs, organisations and officials are obliged to cooperate with the prosecutor with performing his authority and provide him access to the corresponding rooms and places. /Art. 119, (2) and (3) LJS/

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