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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/
Prosecutor’s
Office of the Republic
of Bulgaria –
statute,
function and authority of prosecutors
The
Prosecutor's Office shall ensure that
legality is observed:
1. by
bringing charges against criminal
suspects and supporting the charges in common criminal trials;
2. by
overseeing the enforcement of
penalties and other measures of compulsion;
3. by
acting for the rescission of all
illegitimate acts;
4. by
taking part in civil and
administrative suits whenever required to do so by law. / Art. 127. CRB/
PROSECUTORS’ AUHORITY
1. The prosecutors of the prosecutor's
offices of appeal and of district
prosecutor’s offices inspect and control the work of
prosecutors in the prosecutor's office just below in rank.
At the
end of every six months the regional,
district and prosecutior’s
offices of appeal
shall work out and present to the inspectorate of the
Ministry of Justice information about the formation and movement of the
files /Art.115 LJS/.
All
acts and actions of the prosecutor can
be appealed against before the immediately higher ranking prosecutor's
office
except if they are subject to court control.
The
prosecutor higher ranking in
office can perform actions which are in the competence of his
subordinate
prosecutors, can suspend or repeal in writing their orders in the cases
provided by law.
The written
orders of the
prosecutor higher in office are mandatory for his subordinate
prosecutors. /Art. 116 LJS/
2. The
prosecutors are independent in performing their activity./ Art. 117./
3. In performing the
functions provided by law,
the prosecutor can:
3.1.
demand documents, information,
explanations, expert opinions and other materials;
3.2.
carry out personal checks;
3.3.
assign to the corresponding bodies in
case of crimes or unlawful acts and activities to check and investigate
within
a term set by him in case of information for crimes or unlawful acts
and
actions he being handed conclusions and in case of demand - all
materials.
3.4.
subpoena citizens and impose compulsory
except in case of non-appearance without cogent reason.
3.5.
send the materials to the competent organ
when he finds out that there is enough grounds to take someone to task
or to
take administrative measures of compulsion which he cannot carry out
personally;
3.6.
to take all steps measures provided by
law if there is information that a crime of general nature or other
infraction
of the law may be done.
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.
Within
the framework of his competence the
prosecutor can issue mandatory injunction for the police.
The
prosecutor objects and demands repealing
or modification of unlawful acts within the term and in the order
provided by
law. He can suspend the execution of the act until the hearing of the
objection
by the corresponding organ.
The prosecutor exerts
the control over the
legality of the execution of penalties, of the other measures of
compulsion and
in the places of detention./
Art. 119./
STATUS,
RIGHTS AND OBLIGATIONS OF THE PROSECUTORS
STATUS
1. The prosecutors are appointed,
promoted, lowered in rank,
transferred and discharged from office by a Supreme Judiciary Council
decision
on the basis of which a corresponding
act is issued by the administrative head. /
Art. 124. LJS/
2. The prosecutor
positions are:
- head of department in the Supreme
Cassation Prosecutior’s
Office, head
of department in Supreme Administrative
Prosecutior’s Office;
- prosecutor in
Supreme Cassation
Prosecutior’s Office, prosecutor in
Supreme Administrative Prosecutior’s Office;
- prosecutor in Prosecutor’s
Office of Appeal;
- prosecutor in District
prosecutior’s Office;
- prosecutor in Regional
prosecutior’s Office;
-
junior prosecutor. /Art.125 LJS/
3. A person who has only Bulgarian
citizenship and
meets the following requirements can be appointed as prosecutor:
- to has to have a higher education in
law;
- to has passed the required length of
service and acquired legal
capacity;
- to have not been sentenced to
imprisonment for a deliberate
crime irrespective of his being rehabilitated;
- he has to possess the necessary moral
and professional
qualities, in
compliance with the rules for the
professional ethics for the judges, prosecutors and investigators. /Art. 126.
LJS/
4. A person
who has at least two years length of service shall be appointed as a
prosecutor in
a regional
prosecutor's office.
4.1. A person
who has at least five years length of service shall
be appointed as a
prosecutor in a
district prosecutor's office.
4.2. A person
who has at least eight
years length of service shall
be appointed as a prosecutor in a
prosecutor's office of appeal.
4.3. A person
who has at least twelve years length of service shall
be appointed as a
prosecutor of Supreme Cassation
Prosecutior’s Office and
Supreme Administrative Prosecutior’s Office;
For
time of service under para 4.1.
and 4.2. shall be recognised the time of service at a
position or by profession required for which is higher law education
and
qualification, including length of service of the persons with higher
law
education at a position of preliminary investigators in the system of
the
Ministry of Interior.
The
requirements of item 4.3. shall also apply for the
heads of the
district prosecutor's offices, and the requirements of item 4.4. shall apply for the
heads of the Supreme Cassation Prosecutior’s
Office, the Supreme Administrative Prosecutior’s Office, the prosecutors of appeal.
The
appointment of junior
prosecutors shall be carried out upon a competition. /Art.127a LJS/.
5. Prosecutor shall become irremovable upon
accomplishment of 5-year
term of practice and upon a positive testimony by a decision of the
Supreme
Judicial Council. This term of practice shall also include the term of
practice
as junior judge, junior prosecutor or junior investigator.
Proposal
for testimony and acquiring a
status of irremovability by a prosecutor may be made by the
administrative head,
as well as by the interested prosecutor.
6. The prosecutors shall be discharged
from office upon:
- accomplishment of 65 years of age;
- resignation;
- enactment of a sentence of
imprisonment for a deliberate crime;
- permanent factual inability to perform
their official duties
for more than one year;
- severe violation or systematic neglect
of the official duties,
as well as actions damaging the prestige of the judicial system;
- decision of the Supreme Judicial
Council refusing acquisition
of a status of irremovability;
- incompatibility with positions and
activities under art. 132,
para 1;
- return of the one substituted;
- restoration to office of an unlawfully
dismissed.
7. The prosecutors who hold
their office
cannot:
- be members of Parliament, ministers,
vice ministers, mayors and
municipal counsellors;
- practice the
profession of lawyers and
implement lawyer's activities;
- hold election or appointment office in
state, municipal or
industrial organs;
- practice
commercial activity as sole
entrepreneurs, unlimited liability partners in trade companies, be
managers or
take part in control, managerial or direction boards, control organs of
commercial companies and cooperations or non-profit corporate bodies
carrying
out economic activity;
- do services on a contractual basis
with state, public
organisations, commercial companies, cooperations, physical persons and
sole
traders except scientific and teacher's activity, participation in the
working
out of draft normative acts, as well as exercising author's rights. /Art.132 LJS/.
8. The prosecutors as long as they
practice their profession
cannot be members of political parties, movements or coalitions with
political
aims and be politically active.
The
prosecutors are free to make or be
members of organisations which defend their independence and
professional
interests and help their professional qualification.
The
professional organisation of the
prosecutors cannot make alliances with trade unions of another branch
or field
at national or regional level. / Art.
12. LJS/.
9. In carrying out their
functions the
prosecutors are independent and responsible to Law only. In their
actions or
when they decree their acts, the prosecutors take up their stand on Law
and the
case evidence judged in compliance with their conscience and free
belief. When
it estimates that the Law contradicts the Constitution, the prosecutors inform the Prosecutor general
so that the
Constitutional Court should be approached. /Art.
13. and Art. 14./
RIGHTS
AND RESPONSABILITIES OF THE PROSECUTORS
10. The prosecutors may request
cooperation when executing their
authorities from all state organs, officials, organisations and
citizens that
are obliged to respond. /
Art. 133. LJS/.
11. The administrative head may pay
attention to the prosecutors
of the regional, district and prosecutior’s
office of appeal, for the
violation admitted by them regarding the instituting and movement of
the cases,
notifying Supreme Judicial Council.
/Art.133a LJS/.
12. In
implementing the judicial authority the prosecutors shall not bear criminal and
civil responsibility for their official
actions and for the acts adjudicated by them, unless the offence
committed by
them is deliberate crime of general nature.
In the
cases mentioned above against
the prosecutors charges cannot be brought without the permission of the
Supreme
Judicial Council.
Prosecutors may not be detained except
for a severe crime, and by
a permit of the Supreme Judicial Council. Permit for detention shall
not be
required for found severe crime. For
issuance of a permit under para 2
and 3 a motivated request to the Supreme Judicial Council by the Chief
Prosecutor or by no less than one fifth of the members of the Supreme
Judicial
Council. /Art. 134 LJS/.
13. The
prosecutors shall declare their income and property at the time of
their
appointment and every year not later than May 31 for the preceding
calendar
year before the Audit Office, as well as on their release under the
conditions
and by the order of the Law for publicity of the property of persons
occupying
high state positions. The Supreme Judicial Council shall submit to the
Audit
Office information about the persons occupying prosecutor positions
under art.
125, as well as about the changes of their official status.
14. The prosecutors are to keep as an
official secret the
information which have come to their knowledge within the range of the
office
and relate to the interests of the citizens, legal persons and the
state. /Art.136 LJS/.
15. The prosecutors have no right to express
opinion on their allotted cases
in advance as well as opinions on cases which are not allotted to them. /Art.137 LJS/.
16. The
prosecutors have no right to give legal advice. /Art. 138. LJS/
17. The
prosecutors can be promoted at the same position in rank and salary in
case of
a proven high qualification and model performance of the official
duties after
at least three years have been served at the corresponding or made
equal office.
The
promotion to a rank and salary of
prosecutors shall be carried out upon an attestation under the
conditions and
by the order of art. 30b.
/Art.142. LJS/.
18. For
fulfilment of the official duties in practising the judicial authority
by high
professional and ethical quality the prosecutors can be promoted by a
decision
of the Supreme Judicial Council by:
- appreciation and charter;
- personal honour insignia - silver and
gold;
- rank promotion ahead of terms under
the conditions of art.
142-144. /Art.167a. LJS/.
19. The Supreme
Judicial Council can propose to the President of the Republic of
Bulgaria to
award with orders or medals prosecutors for exceptional or great
contributions
to the judicial authority.
/Art.167b./
20. For guilty
neglecting of their official duties, as well as for violation of the
rules of
the professional ethics, the prosecutors shall bear disciplinary
responsibility. /Art. 168
LJS/.
The
disciplinary sanctions for prosecutors
are:
1.
reproof;
2.
reprobation;
3.
lowering in rank or in position for a
period of 6 months to three years;
4.
discharge.
The
disciplinary sanctions for
administrative heads and their deputies are:
1.
reproof;
2.
reprobation;
3.
remove from managerial post. /Art.
170. LJS/
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