Prosecutors' Statute and Functions

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

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 serviceshall be appointed as a prosecutor in a district prosecutor's office.

4.2.A person who has at least eight years length of serviceshall be appointed as a prosecutor in a prosecutor's officeof appeal.

4.3. A person who has at least twelve years length of serviceshall be appointed as a prosecutor ofSupreme 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, theprosecutorsof 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 Prosecutorgeneral so that the Constitutional Court should be approached./Art. 13.and Art. 14./

Rights and Responsibilities 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/