Highlights in Anti-Corruption Regulatory Framework and Corresponding Amendments in the Criminal Procedure Code
Summary
Recent legislative amendments have led to the adoption of a new Anti-Corruption Act (ACA), which entered into force on October 6, 2023. Changes to the Criminal Procedure Code (effective March 1, 2024) create a new mechanism for investigating high-level corruption. For the first time, the newly established Anti-Corruption Commission is granted investigative functions through a new category of bodies: investigating inspectors. Despite the reform, the prosecutor retains the leading role in pre-trial proceedings.
Key Facts at a Glance
- Entry into force: The ACA is effective from October 6, 2023, and the CPC amendments from March 1, 2024
- New investigative body: Anti-Corruption Commission
- New position: Investigating inspectors at the Commission
- Subject of investigation: Persons holding high-level public office
- Role of the prosecutor: Retains the constitutional authority to initiate and direct pre-trial proceedings
- Effect of the procedural law: CPC amendments apply immediately to all pending procedural relationships
Powers of the Commission and Investigating Inspectors
The Commission is tasked with implementing the state policy on corruption prevention and executing actions to prevent, detect, and investigate corruption offenses by collecting and verifying information. The investigation of these offenses is entrusted to investigating inspectors, who hold the status of investigating authorities under the Criminal Procedure Code.
Their activities are carried out entirely under the conditions of the CPC. These inspectors cannot be assigned duties other than criminal investigation. They make decisions based on their inner conviction, founded on an objective examination of the circumstances, and possess a certain degree of autonomy when verifying reports and collecting additional evidence.
Interaction with the Prosecutor's Office
The law does not affect the constitutional authority of the prosecutor to initiate and direct pre-trial proceedings against persons holding high public office. Reports of corruption offenses can be submitted to either the district prosecutor's office or the Commission. If there is sufficient data, the prosecutor initiates pre-trial proceedings and is obligated to assign them to an investigating inspector from the Commission.
The fundamental principle remains unchanged: criminal investigations are conducted entirely under the direction of the prosecutor. The prosecutor makes all essential decisions regarding the course and conclusion of the case, can remove any investigating authority, and can perform investigative actions personally.
Constitutional and Practical Concerns
It remains unclear what necessitates the transfer of investigations to a new body and what results are expected. It is noteworthy that potential subjects of investigation include judicial figures (Presidents of the Supreme Courts, the Prosecutor General, SJC members, judges, prosecutors, and investigators). A dispute may arise as to whether the investigation of judicial representatives by an executive branch body contradicts the Constitution and European acts.
In conclusion, it remains to be seen whether this change will lead to a qualitative improvement in the fight against corruption or merely an unnecessary redistribution of competencies among investigative bodies.
Frequently Asked Questions
When do the changes in the anti-corruption legislation take effect?
The new Anti-Corruption Act has been in force since October 6, 2023, and the CPC amendments granting investigative functions to the Commission apply from March 1, 2024.
Who will investigate high-level corruption?
The investigation is entrusted to a new category of authorities: investigating inspectors at the Anti-Corruption Commission, working under the direction of the prosecutor.
Does the prosecutor lose their leading role in the investigation?
No. Investigations in Bulgaria continue to be conducted entirely under the direction of the prosecutor, who makes all key decisions regarding the progress of the case.
Where can reports of corruption by high-level officials be filed?
Reports can be submitted either to the respective district prosecutor's office or directly to the new Anti-Corruption Commission.
