In case of crime, including cyber-crimes, the Bulgarian lawyer could assist the client – victim of crime, mainly in preparation and submitting a signal/compliant to the Bulgarian Prosecution Office for starting of official investigation. The problem is that if the Bulgarian Prosecution office decides that there is no legal ground or enough evidences for initiating a check or legal accusation procedure against the violator, the refusal of the Prosecutors is not subject of further court control. The refusal of a Prosecutor could be appealed only before the higher prosecutor but is not appealing before the Court. Thus, the lawyers’ role is limited only to preparation of signal to the Prosecution office initially and after that to continue appealing on the higher prosecution instance. If the prosecutor decides that there is a crime, then he prepares the accusation act and official criminal procedure is initiated on first stage.

In most cases, especially in minor crimes or household crimes, the prosecutors are refusing to accuse the violator and disrespect the signal. Of course, the victim has the right to submit an appeal before the Human Rights Tribunal in Strasbourg after receiving the final refusal from all local prosecutors’ offices, including the office of Supreme Prosecutor as all the prosecutors are subordinated to the Supreme Prosecutor. The Bulgarian lawyer is able to help in preparation of the appeals including before the Human Rights Tribunal but the lawyer could not guarantee that accusation procedure will be started by the Prosecution regardless of the collected evidences. This is a judgment of the respective prosecutor.

Under the Bulgarian legislation the Prosecution is a part of the judiciary system, although they are party in the court process. The role of the lawyer for protection of the victim`s rights starts when a lawsuit is already initiated, which is made only by the prosecutor's discretion. Prior that stage the lawyer’s role is to be in assistance in preparation of the signal to the Prosecution.

 

"Valova and Angelova" law firm