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Grozev Law Office

On the 13th of December  2018 amendments to the Penal Procedure Code (PPC) were adopted by the National Assembly, but with the amendments in  the Penal Code (PC), which violated the basic principles of the Constitution of the Republic of Bulgaria (CRB). With § 7, item 5, and item.19 of Law f the amendments  adopted texts that even the chief prosecutor in the mass media  make a statement and  comment negatively on the illegal adoption of such texts. Notification of the detention of a person may be postponed for 48 hours where there is an urgent need to prevent serious adverse effects on the life, liberty or physical integrity of a person, or when action by investigative bodies impediment would seriously hamper the criminal proceedings.  By similar reasons - and in respect of a juvenile detained, the investigative bodies are given the opportunity not to notify within 24 hours. Thus, the texts of Art. 63 and Art. 386 of the PPC were adopted.


In such texts, if the National Assembly does not comply with the veto imposed by the President, the provision of Art. 31, para. 4 of the CRB, which does not allow the rights of the accused to be limited to what is necessary for the implementation of justice, as well as the provision of Art. 47, para. 1 of the CRB on the rights of children and their planned care by their parents who can not even be informed within a reasonable time of the detention.


Most likely, in appealing the lawfulness of such detentions, defenders will rely on  the European practice quoted in specific cases and in the presidential veto, as well as in major directives of the European Union whose positions do not allow such restrictions.


If such a legislative decision is adopted, the taxpayer will be forced to pay back the legislative insanity again, and we believe that the texts will not be adopted again.