PROSECUTORIAL REFORM INDEX

 

ACTION PLAN 2007-2009

 

The reform in the Bulgarian Prosecution Service continues. The PRI outlines the following problem areas:

 

I.            Qualification, selection and training

II.         Professional freedoms and guarantees

III.      Prosecutorial functions and interagency cooperation

IV.       Accountability and transparency

 

This three-year action plan indicates specific measures which the prosecutors will implement to overcome the problems.

 

Main objectives to ensure rule of law:

 

-  Modernizing the structure of the Bulgarian prosecution service;

-  Professional and effective performance of official duties;

-  Effective coordination and cooperation with national and international organizations to combat organized crime and corruption;

-  Civil control on the work of the prosecution service in keeping with the rules of professional ethics.

 

Background activities for implementation of the action plan:

 

1.     Organizing a meeting with the chief appellate and district prosecutors to make them aware of this action plan and the PRI recommendations.

2.     Selecting PRI Action Plan coordinators on regional and district levels. The coordinators will report on all reform and modernization related issues directly to the PRI Committee.

3.     Regular surveys and self control on the implementation of the Action Plan suing own funds or, if available, external assistance.

4.     Selecting a district level coordinator to control the implementation of the witness protection and victim protection programs.

 

Background activities for implementation of the action plan:

 

1.     Discussing the first Progress Report on the PRI Action Plan (2007).

                                                               February 2008

2.     Working session with the Center for Study of Democracy (CSD) to discuss possibilities for future collaboration.

                                                               January 2008

3.     Updating the PRI Action Plan for 2008.

4.     Joint work with CSD to promote and raise awareness about the PRI Action Plan 2007-2009.

 

I.                        SECTION I - QUALIFICATION, SELECTION AND TRAINING

 

Prosecutorial Reform Index Factors 1, 2, 3, 4, 11, 12, 13, 14, and 22

 

Benchmarks to be achieved by December 31, 2007

 

I.1. Develop and implement a mandatory continuing legal education program within the prosecution service, in association with the National Institute of Justice (NIJ) and participation of international technical advisors.

 

Topics:

I.1.1. Professional ethics

I.1.2. Victim protection

I.1.3. Witness protection

I.1.4. Relationship with the Defense of the Accused

 

I.2. Development of three training modules for prosecutorial managers on the following topics:

 

I.2.1. Accounting and finances

I.2.2. Role of the administrative manager

I.2.3. Work in appellate and district court prosecution services

 

I.3. Development of pilot training modules for prosecutors in partnership between NIJ and the Supreme Cassation Prosecution Service's Human Resources and Qualification Sector, based on the curriculum adopted by the NIJ Managing Board.

 

I.4. Regular training at a regional (appellate) level on specific issues for the respective region, related to prosecutors' everyday work (deadlines for investigation, cases rejected by the court, non-guilty convictions, European Arrest Warrant, etc.)

 

I.5. The Human Resources and Qualification Sector and the International Projects Sector within the Supreme Cassation Prosecution Services synchronize all training-related projects, programs, levels and subject matters.

 

I.6. Development of a list of temporary trainers to take over the trainings at the NIJ.

 

I.7. The Prosecutor General is to designate a prosecutorial coordinator for the NIJ.

 

I.8. Selection of prosecutors for specialized training.

 

Benchmarks to be achieved by July 31, 2008

 

Training prosecutors as trainers in four pilot courses on the following topics:

Course one: Money Laindering; Tax Fraud, Financial Crimes and Insurance Fraud.

Course Two: Crimes against the Monetary and Credit System and against Credit Institutions; Embezzlement and Fraud.

 

Course Three: Public Procurement Fraud

Course Four: Evidence and Evidentiary Materials

I.9. Training of trainers (ToT) for prosecutors for the first pilot course within the trilateral MoU. Curriculum development.

                                                               February 2008

I.10. ToT for prosecutors on presentation skills

                                                               April 2008

I.11 First pilot course for prosecutors on money laundering, tax fraud, financial crimes and insurance fraud.

                                                               May 2008

I.12. ToT on curriculum development for the third and fourth pilot courses on public procurement fraud and evidence/evidentiary materials.

                                                               June 2008

I.13. Second pilot course for prosecutors on crimes against the monetary and credit system and against credit institutions; embezzlement and fraud.

                                                               July 2008

I.14. Training of chief prosecutors at all levels on finance and accounting and budget management.

                                                               April 2008

I.15. Working session with Association MEDEL and discussion on : "European Magistrates for Democracy and Freedoms."

                                                               April 2008

I.16. Workshop on "EU Institutions. Human Rights."

                                                               May 2008

I.17. Training seminar on modern management techniques.

 

 

Benchmarks to be achieved by December 31, 2008

 

I.18. ToT for prosecutors on building presentation skills for pilot courses three and four.

                                                               October 2008

I.19. Third pilot course for prosecutors on public procurement fraud.

                                                               November 2008

I.20. Fourth pilot course on evidence and evidentiary materials.

                                                               December 2008

I.21. Developing training courses for prosecutorial personnel.

I.22. Trainings on the programs in I.1.2-I.1.4 above take place in each appellate region.

                                                               December 2008

I.23. The trainings in I.5. above are continuously synchronized.

I.24. The regional trainings on topics chosen by the respective appellate regions continue.

 

Benchmarks to be achieved by December 31, 2009

 

I.25. All prosecutors have been trained on the programs in I.1.2-I.1.4 above.

 

II. Professional freedoms and guarantees

 

(Prosecutorial Reform Index Factors 5, 6, 7, 8, 9, 17 and 18)

 

Benchmarks to be achieved by December 31, 2007

 

II.1. All appellate prosecution services, the Supreme Cassation Prosecution Service and the Supreme Administrative Prosecution Service establish ethics commissions.

 

II.2. Prosecutors' associations establish mechanisms for conflict resolution based on the rules for prosecutorial ethics.

 

Benchmarks to be achieved by July 31, 2008

 

II.3. The ethics commissions established in the Supreme Cassation Prosecutor's Office and the Supreme Administrative Prosecutor's Office, the Bulgarian Association of Prosecutors and the chairperson of the SJC Ethics Committee hold a meeting to discuss updating the Ethics Code, conflict of interests and mechanisms for conflict solving.

                                                                           March 2008

 

II.4. Initiative for freedom of undue influence

The Supreme Cassation Inspectorate and Inspector's Units on an appellate level work to establish mechanisms to protect prosecutors from undue influence.

                                                                           March 2008

 

Benchmarks to be achieved by December 31, 2008

 

II.5. Prosecutors' associations meet and discuss issues concerning the study and protection of work conditions, and make proposals for Prosecutor General's approval.

 

III. Prosecutorial functions

 

(Prosecutorial Reform Index Factors 10, 11-14, and 21)

 

Benchmarks to be achieved by December 31, 2007

 

III.1. Development of an Instruction on the relationship between pre-trial authorities.

 

III.2. Development of an Instruction on paper turnover in the prosecution service.

 

III.3. Cooperation with MoI based on established district level commissions/committees comprised of the Chief District Prosecutor and the Regional Police Director with a view to sharing ideas, discussing issues and drafting current action plans.

 

Benchmarks to be achieved by December 31, 2008

 

III.4. Cooperation between the prosecution service and MoI within the established commissions continues. Each commission supports at least one roundtable in the respective region on police-prosecution cooperation. Option for collaboration with CSD.

 

Benchmarks to be achieved by December 31, 2009

 

III.5. Cooperation between the prosecution service and MoI in the above format becomes a norm.

 

IV. Accountability and Transparency

 

(Prosecutorial Reform Index Factors 15, 16, 19 and 23)

 

Benchmarks to be achieved by June 30, 2007

 

IV.1. Designing a media strategy for the prosecution service as part of the communication strategy (relationship with other agencies) and the prosecutorial development strategy 2007-2012.

 

Benchmarks to be achieved by December 31, 2007

 

IV.2. Development of awareness programs and events on the specific role of the prosecution service in the combating crime; on the prosecution service's legal competences and authority in view of generating realistic public expectations.

 

IV.3. The respective spokespersons pass initial media relations training.

 

IV.4. The Supreme Cassation Prosecution Service Administrative Department opens a sector on legal development.

 

Benchmarks to be achieved by July 31, 2008

 

IV.5. Continue developing public awareness programs and events on the specific role of the prosecution service in the fight against crime, its legal competences and authority, with a view to generating realistic public expectations.

 

ēV.6. The Supreme Cassation Inspectorate and the Inspector's Offices on an appellate level work together on previously developed audit plans.

 

ēV.7. Workshop for all spokespersons from the prosecution service and MoI on developing mechanisms for joint events based on Paragraph VII of the Media Strategy of the Bulgarian Prosecution Service.

                                                               April 2008

 

ēV.8. Workshop for prosecution service and MoI spokespersons and media representatives.

                                                               May 2008

 

Benchmarks to be achieved by December 31, 2008

IV.9. The spokesperson in each prosecution service conducts at least three public forums and events sessions to popularize the prosecutorial function and raise awareness of its specific powers.

                                                                           December 2008

IV.10. The Unified Prosecutorial Case Management System is operational throughout the country.

 

This action plan identifies specific actions for implementation of the general prosecutorial reform strategy based on the PRI. The plan provides an implementing schedule of approximately three years. The plan is a detail part of the overall strategy of the prosecution service for the period 2007-2009 and is subject to correction and updating. It is advisable to conduct regular assessment studies for self-control purposes, as a result of bringing together the general will of Bulgarian prosecutors to reform and modernize the prosecution service in Bulgaria.