Introduction

Complaints and reports submitted by victims of crimes or against the actions of the Prosecutor’s Office are vital tools for protecting citizens’ rights. They provide mechanisms to notify competent authorities of committed crimes or to challenge decisions and actions of the Prosecutor’s Office that infringe upon victims’ rights.

Legal Framework

The preparation and submission of such reports and complaints are governed by:

• Criminal Procedure Code (CPC): Regulates the procedure for submitting crime reports and complaints against prosecutorial acts.
• Constitution of the Republic of Bulgaria: Ensures citizens’ rights to protection and complaints.
• European Convention on Human Rights (ECHR): Guarantees the right to a fair trial and effective remedies.

Crime Reports

What Is a Crime Report?

A crime report is a notification to competent authorities (Prosecutor’s Office, MoI) containing information about a committed or impending crime. Submitting a report is a right of every citizen and institution.

Requirements for a Crime Report

Content:

• Description of the crime.
• Identification of the perpetrator (if possible).
• Time and place of the offense.
• Evidence or witness testimony supporting the claims.

Form:

• Written form addressed to the Prosecutor’s Office or police.

Evidence:

• Documents, recordings, or other materials supporting the claims in the report.

Submission Procedure

1. Submit the report to the Prosecutor’s Office or MoI.
2. The report is registered, and a case file is opened.
3. Competent authorities conduct an investigation.
4. The reporter is notified of the results.

Complaints Against Prosecutorial Acts

What Is a Complaint Against a Prosecutorial Act?

A complaint is a means of protection against actions or inactions of the Prosecutor’s Office that affect the rights and interests of citizens. It can be submitted against decisions to refuse pretrial proceedings, dismiss a case, or other acts.

Grounds for Submitting a Complaint

• Illegality: When the Prosecutor’s Office’s act contradicts the law.
• Lack of Justification: When the act lacks sufficient reasoning.
• Violation of Victim’s Rights: For example, refusal to grant access to case materials.

Submission Procedure

Addressing the Complaint:

• Complaints are submitted to a higher-ranking prosecutor or the court.

Content:

• Description of the act being challenged.
• Grounds for the complaint and attached evidence.

Deadlines:

• Complaints must be submitted within the legally prescribed period (e.g., 7 days from notification of the act).

Review Procedure

• The higher-ranking prosecutor reviews the legality of the act.
• For judicial appeals, the competent court reviews the case.
• A decision is issued, confirming, revoking, or amending the act.

Role of Lawyers

• Preparation of Reports and Complaints: Ensuring legal accuracy and thoroughness.
• Procedural Representation: Representing victims before the Prosecutor’s Office and the court.
• Consultations: Providing legal advice and assessing the likelihood of success.

Importance of Reports and Complaints

Submitting reports and complaints:

• Protects Victims’ Rights: Ensures crimes are investigated, and citizens’ rights are defended.
• Prevents Abuses: Provides oversight of the Prosecutor’s Office’s actions.
• Promotes Justice: Enhances the effectiveness of the justice system.

Conclusion

Preparing reports and complaints by victims of crimes or against acts of the Prosecutor’s Office is an essential tool for protecting citizens’ rights and interests. Effective use of these mechanisms requires clarity, evidence, and legal support. They contribute to transparency and fairness in the criminal justice process.

If you are a crime victim or need defense in criminal proceedings, contact Legal Frame Law Firm. Our experienced lawyers, with backgrounds in leading criminal law firms in Bulgaria, will assist you in safeguarding your rights or defending against unjust accusations.