Changes to the CPC: Committee Adopts Two Justice Bills

Following a tense session filled with debates and in-depth analysis, the parliamentary committee on constitutional and legal affairs adopted at first reading two key draft laws aiming for significant changes to the Code of Criminal Procedure (CCP). The legislative initiatives, which will now move to the plenary hall, concern both the implementation of international commitments and sensitive issues related to the jurisdiction of military courts.

The first draft law, introduced by the Council of Ministers, received the support of 13 "for" votes and marks an important step towards finalizing the last reforms necessary to receive the third payment under the Recovery and Resilience Plan (RRP). The Ministry of Justice presented the draft law as a tool to address a number of issues in criminal proceedings that have so far created obstacles and ambiguities.

Draft Law of the Council of Ministers

The Minister of Justice, Georgi Georgiev, addressing the members of the committee, emphasized that the changes are of essential importance.

"This is the last reform so that we can fulfill all commitments for the third payment under the Recovery and Resilience Plan (RRP). A reform that addresses a number of issues in criminal proceedings," he stated.

Minister Georgiev explained that the draft law aims to expand the circle of persons who have the right to appeal in court a prosecutor's decree to terminate or suspend criminal proceedings (CP). In addition, it provides for specific hypotheses under which the Chief Prosecutor can exercise his powers to set aside a decree to terminate CP after the deadlines for judicial review. These measures are aimed at strengthening judicial control and ensuring greater transparency in the work of the prosecutor's office.

Limitation of the Jurisdiction of Military Courts

The second draft law, introduced by MP Dimitar Gardev and a group of members of parliament, was also approved at first reading with 12 "for" votes. It stirred up controversy with its proposal to abolish the jurisdiction of military courts for crimes committed by employees of the State Agency "Intelligence" (SAI).

The proposal sparked a lively debate. Nikoleta Kuzmanova from the parliamentary group of "There Is Such a People" assured that the changes do not exempt SAI employees from criminal liability, but simply transfer their cases to general courts.

"This does not exempt these persons from criminal liability; it will simply be realized in the general courts," she emphasized.

Kuzmanova added that although according to the current Bulgarian law, a crime committed by an SAI employee is under the jurisdiction of a military court, Bulgaria has been condemned by the European Court of Human Rights (ECHR) and owes compensation for such a punishment imposed.

Nadezhda Yordanova from the PG of "We Continue the Change – Democratic Bulgaria" supported the thesis, pointing out that this is not an isolated case.

"Not only for Bulgaria, such is the practice of the ECHR – military courts must have a very narrow competence," she explained, emphasizing the European trend to limit the jurisdiction of military courts.

Minister Georgiev confirmed that his department has provided an official opinion on this draft law, although without revealing details from it.

The approval of the two draft laws at first reading opens the way for a second reading in the plenary hall, where they will be subjected to a final vote. It is expected that the debates on them will continue to be intense, as they affect deep and essential issues of the legal system and the country's international relations.

• Code of Criminal Procedure (CCP)
• Draft laws
• Parliamentary committee
• Military courts
• Recovery and Resilience Plan (RRP)