Judiciary – Bulgaria Anti Corruption Institutional Framework

Judiciary

Web: http://www.vss.justice.bg/

E-mail:- vss@vss.justice.bg

Established: 1991

Competencies: Represents the judiciary, ensures and upholds its independence, determines the composition and the organization of the courts, prosecutors` offices and investigative units and provides them financially and technically, without interfering with their activity.

Structure: Collective standing body, performing its duties through Plenum, Judges` College and Prosecutors` College. It has 25 members. The Prosecutor General, the Presidents of the Supreme Court of Cassation and the Supreme Administrative Court are members ex lege. The meetings of the SJC are presided by the Minister of Justice, who do not have a voting right. The Parliament elects11 members – 6 for the Judges` College and 5 for the Prosecutors` College. The judges elect 6 members for the Judges` College, the prosecutors elect 4 members for the Prosecutors` College and the investigators elect 1 member for the Prosecutors` College.

Financial autonomy: The SJC organizes the budget implementation of the judiciary. The budget is managed by the Plenum through its auxiliary body – the Commission on Budget and Finance. The independent budget of the judiciary is part of the state budget.

Web: http://www.vks.bg/

E-mail: registry@vks.bg

Competencies: Third instance to the Specialised Criminal Court and the general courts

Web: https://aspns.justice.bg/

Email: asns@asns-sofia.bg

Established: By amendments to the Judiciary Act of 2011, in force form the beginning of 2012.

Competencies: Second instance to the Specialised Criminal Court

Web: https://spns.justice.bg/

Email: spcc@spcc.bg

Established: 2012

Competencies: Equivalent to a district court. The criminal offences coming under the jurisdiction of the Specialised Criminal Court are exhaustively listed in Article 411а of the Criminal Procedure Code – essentially those committed by or for organised criminal groups as well as corruption cases in which the persons holding senior public positions have been brought to justice.

Financial Autonomy: The budget of the courts is part of the judiciary budget. The independent budget of the judiciary is part of the state budget.

Corruption crimes fall within the jurisdiction of those courts, unless committed by senior public officials, which are in the jurisdiction of the Specialised Criminal Court.

Web: https://prb.bg/en/

Email: prbcont@prb.bg

Competencies: directs the investigation and supervises its lawful conduct; may conduct an investigation; brings to justice those who have committed crimes and maintains the indictment in criminal cases of a general nature; supervises the implementation of criminal and other coercive measures; takes actions for annulment of illegal acts; in the cases provided by law participates in civil and administrative cases.

Structure: Prosecutor General, Supreme Prosecutor’s Office of Cassation, Supreme Administrative Prosecutor’s Office, National Investigation Service, Appellate Prosecutor’s Office, Appellate Specialized Prosecutor’s Office, Appellate Military Prosecutors’ Office, District Prosecutors’ Offices, Specialized Prosecutor’s Office, Military District Prosecutors’ Offices and Regional Prosecutors’ Offices. The District Prosecutors’ Offices and the Specialized Prosecutor’s Office have investigative departments. The Prosecutor General is elected by the Supreme Judicial Council and the President issues a decree for his/her appointment.

Financial Autonomy: The budget of the Prosecutor`s office is part of the judiciary budget. The independent budget of the judiciary is part of the state budget.

Web: https://prb.bg/asp/

Email: asp@prb.bg

Web: https://prb.bg/sp/

E-mail: sp@prb.bg

Established: 2012

Competencies: Works on cases which fall under the competence of the Specialized Criminal Court in accordance with Art. 411a of the Criminal Procedure Code

Corruption crimes fall within the competencies these Prosecutor’s Offices, unless committed by senior public officials, which are in the competence of the Specialised Prosecutor’s Office.

Investigation

In Bulgaria the investigation of corruption crimes is conducted by:

  • Investigating magistrates with the Prosecutor`s Office – when the crimes are perpetrated by senior public officials, judges, prosecutors, investigating magistrates, police officers, investigating customs officers and when the crimes are perpetrated abroad.
  • Investigating police officers within the Ministry of Interior – in all other cases.