We recall that on March 18, 2022 the Sofia City Prosecutor's Office (SCPO) gave a briefing and made a press release informing the public about an investigation launched by the General Directorate National Police (GDNP), in connection with the detention of Boyko Borisov, Vladislav Goranov and Sevdalina Arnaudova for up to 24 hours under the the Ministry of Interior Act. https://prb.bg/en/news/57185-press-release-of-sofia-city-prosecutor%E2%80%99s-office
On March 18, 2022, the supervising prosecutors submitted to the Sofia City Court (SCC) under Art. 161, para. 2 of the Criminal Procedure Code (CPC), three protocols of searches and seizures of addresses inhabited by the above three persons. By orders of 22.03.2022, the Sofia City Court left without consideration the request of the SCPO under Art. 161, para. 2 of the CPC, which in practice means that there is no court sanction for approval of the protocols.
On March 21, 2022, the investigating police officer from the GDNP filed in SCPO drafts of decrees for bringing to justice the following persons: Boyko Borisov - for a crime under Art. 213a, para. 3, item 2 and item 5, para. 1 in conjuction with art. 20, para. 2 in conjuction with para 1 of the Penal Code, Vladislav Goranov - for a crime under Art. 213a, para. 3, item 2 and item 5, in conjuction with para. 1 in conjuction with art. 20, para. 2 in conjuction with para 1 of the Penal Code and Sevdalina Arnaudova - for a crime under Art. 213a, para. 3, item 2 and item 5, in conjuction with para 1 in conjuction with art. 20, para. 2 in conjuction with para 1 of the Penal Code. At the same time, protocols for interrogation of the same persons in their capacity as witnesses were received.
The mentioned drafts for bringing to justice are sheets with printed text, entitled "Decree for bringing to justice", without signatures, without name of the creator, but only position - investigating police officer from GDNP, with stamps with registration numbers from GDNP dated 21.03. 2022. Therefore, they do not constitute procedural documents and have no legal value. Apart from that, the draft recruitment decrees, as far as a position is notified, are prepared in text by an incompetent authority. An investigating police officer from the GDNP does not have the power to formulate charges for crimes committed by members of the Council of Ministers.
Apart from that, the supervising prosecutors consider again that at this point of time there are no grounds for lawful bringing the persons to justice. Even if there were valid protocols for search and seizure, the analysis of the materials collected so far does not indicate sufficient evidence within the meaning of Art. 219, para. 1 of the CPC for bringing a certain person to justice.
In accordance with the provision of Article 196, paragraph 2 of the CPC the powers of the supervising prosecutor include the obligation to monitor the lawful conduct of the investigation. Accordingly, the prosecutors from SCPO assigned the investigation to investigators at the Investigation Department within SCPO and pointed out to them all the flawed actions of the investigation, which are objectively possible to be repeated by investigators according to the order established by law to be validated.
Only then the evidence gathered through them can be used in criminal proceedings. In view of this, in accordance with the established case law in connection with the vicious searches and seizures carried out on 17.03.2022, which cannot be repeated, the witnesses of search and seizure will be interrogated by an investigator, and the seized items and belongings will be inspected. Witnesses whose interrogations were conducted by an incompetent body - an investigating police officer at the Ministry of Interior - will be interrogated again by an investigator. All other persons whose testimony may contribute to clarifying the circumstances of the case will also be duly questioned. Relevant expertise will be assigned. All other necessary procedural actions will be performed.
If there is sufficient evidence gathered in the course of investigation for the guilt of a certain person or persons in committing a crime / s of a general nature, as required by Art. 219, para. 1 of the CPC, the SCPO will bring charges in accordance with this evidence.
The public will be informed about the results of the investigation.