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3.
THE PENAL PROCEDURE CODE
3.1. General Remarks
The existing Penal
Procedure Code has recently been extensively amended in order to
bring it in conformity with the changed socio-economic stage in
Bulgaria, as well as with the existing international legislations.
The amendments were meant as temporary adaptations to dispose of a
workable Penal Procedure Code on a relatively short term, without
frustrating the current Bulgarian penal procedure system. The
amendments were made with having at the back of the mind the idea
of the drafting of a complete new Penal Procedure Code in the near
future. The amended Code is planned to enter into force in May/June
1999 and foresees major changes in the investigation procedure. The
amendments have been presented to the European Commission of Human
Rights and were considered to be in conformity with the European
legislation in this field. Nevertheless, a complete redrafting is
envisaged in order to dispose of a code that will also be ‘ready’
to meet future changes and developments of European and
international human rights law. No assignment to this end or
initiative to start this redrafting is given nor taken yet. There
seems however to be general agreement on the necessity of drafting
a new Code.
3.2. Concrete Project Plans
Proposed
From the
information received during the mission and out of the information
that was made available afterwards, it is clear that the general
feeling on the amendments made in de Penal Procedure Code is
positive and will provide a workable model, in expectation of the
new Code. For as far as there are negative sounds on the amended
code, these are more likely to be attributed to dissatisfaction
about the way in which tasks and competencies are attributed in the
amended Code. In this respect there is especially discontentment
from the side of the public prosecutors and the investigators,
because their role and position have been limited under the amended
Code. Again, this does not affect the appreciation for the Code in
itself.
Having this in
mind, concrete actions should focus on information, communication,
preparation and training and can be determined as
follows:
-
Compose a working
group for the drafting of a complete new Penal Procedure Code. The
working group should make use of the outcome of an evaluation of
the amended Code in order to draft a model for a Penal Procedure
Code that is in conformity with the current European and
international (human rights) legislation and is flexible enough to
include possible changes and refinements of the human rights
jurisprudence in the coming years, without compelling major
amendments each time such adaptations appear. The working group
should preferably contain Western specialists in the subject
matter.
-
Develop training
programmes for all magistrates (judges, public prosecutors and
investigators) to inform them about the contents and the
implications of working with the revised Penal Procedure Code, as
well as about their position and tasks under the amended Code.
Considering the fact that the amended Code will enter into force in
May/June of 1999, priority should be given to the development of
courses in this field. Possible courses should focus on the ideas
and philosophy behind the chosen new system of criminal
procedure,amendments in order to create a new way of thinking in
the legal profession.
-
Foresee in general
information to the public and all legal professionals on the
amendments to the Penal Procedure Code. Taken into consideration
the fact that the state has a general obligation to inform the
public about legislation, a mechanism should be developed to create
public awareness on their rights, tasks and obligations under new
and amended laws. Furthermore it is the obligation of the state to
inform the Judiciary on all aspects that might concern their field
of power. In this respect the state should make known the
amendments to the Penal Procedure Code to both the public and the
Judiciary and inform them, each to the extent to that it may
concern them, about the amendments and the practical implications
of them. For this purpose a link could be made with the
possibilities the above mentioned bulletins can provide.
-
Provide for a
professional evaluation of the way in which the amended Penal
Procedure Code is put into practice. The outcome of such an
evaluation is to be used in the drafting procedure of the new
Code.
-
Provide for
methodological and comparative law assistance in the project that
is foreseen to draft a complete new Penal Code. As an annex to the
amendments to the Penal Procedure Code, a national group of experts
is being composed at the moment to consider the necessary changes
to the Penal Code. As should be the case in the drafting procedure
for the new Penal Procedure Code, a working group responsible for
drafting the new Penal Code must be facilitated in the same way.
Foreign expertise should therefor be made available to the working
group.
With reference to
the above mentioned concrete project proposals, mention is made of
the fact that the recently established Foundation for the Actual
Penal Procedure is willing and able to provide training on the
procedural sides of the amended Penal Procedure Code. With the help
of national legal experts in the field courses on these aspects can
be provided within a more or less short term. Preferably training
should be provided before the entering into force of the amended
Penal Procedure Code. Also the Bench already indicated its
willingness to organise training sessions on the Criminal Procedure
Code, together with help from experienced training institutes from
abroad. These institutes should particularly share their experience
in the organisation and the most adequate form of education, whilst
the expertise as regards the content of the training must be
delivered from national experts in the field. Training should
preferably be made available to all judges, public prosecutors,
investigators and advocates concerned.
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