Attorney-at-LawMarian Georgiev IvanovBG

Authorities with investigative powers under the Criminal Procedure Code

AuthorityLegal basisCompetence / activity
ProsecutorArticles 46, 193, 196, 219 and 246 of the Criminal Procedure CodeDirects the investigation and supervises legality; may conduct the investigation or individual investigative acts. Files an indictment where the statutory requirements are met. Charging is not an exclusive prosecutorial power: an investigating authority may also charge under Article 219 after reporting to the prosecutor.
InvestigatorsArticle 52(1), item 1, and Article 194(1) and (2)Investigate the categories assigned by law, including expressly listed offenses and factually and legally complex cases assigned to them. Not every serious intentional offense automatically falls within their competence.
Military investigators and military investigating police officersArticles 399 and 405Military investigators handle the cases in Article 405(1), including offenses committed by officers. Outside those cases, military investigating police officers investigate under paragraph 2. The military prosecutor directs and supervises the investigation.
Ministry of Interior investigating police officersArticle 52(1), item 2, Article 194(3), and Articles 196 and 219Investigate cases assigned under the Code under prosecutorial direction and supervision. They may charge a person under Article 219; no general exclusion prevents them from doing so.
Investigating customs inspectorsArticle 52(1), item 2, and Article 194(3)Investigate the customs, excise, and related tax offenses specified in Article 194(3), subject to its exceptions. They must be distinguished from other customs authorities with limited powers under Article 194(5).
Investigating inspectors of the Commission for Counteracting CorruptionArticle 52(1), item 2, and Article 194(6)Investigate matters assigned by Article 194(6) under the law currently in force. Competence depends on the offense, the person’s status, and any applicable transitional provisions.
State Agency for National Security — operational authority, not an investigating authority under Article 52Article 215 of the Criminal Procedure Code and the Agency’s statutory competenceWhere the perpetrator is unknown and the Article 215 conditions are met, performs assigned identification and search activities; once information concerning a particular person is obtained, hands the materials to the investigating authority and immediately notifies the prosecutor. This does not confer general investigating-authority status or replace formal investigative acts.
Legal assistance is available according to procedural status; upon detention, access to counsel arises immediately.
Marian Georgiev Ivanov, Attorney-at-Law

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