2024-04-11 11:34:06
The Varna Court of Appeal came to the conclusion that the District Court in Targovishte correctly, lawfully and justifiedly took a measure of remand “house arrest” for accusations of participation in an organized criminal group, created with the purpose of committing crimes on the job, Deputy Mayor of Omurtag, the court reported.
According to the indictment brought against Mehmed M., the association was for profit, it existed from the beginning of 2019 until now and officials participated in it.
The defenders of the 64-year-old man remained dissatisfied with the determined measure of procedural coercion, who appealed the legal act to the higher instance, with requests that no measure be imposed or that it be the lightest – a signature. Mehmed M. stated before the District Court that he does not wish to participate in the appeal proceedings.
The press service of the court reminds that the other two brought to criminal responsibility are the mayor of the municipality Eshref Eshrefov and Hasan H.
The lawyers said that their defender has been the deputy mayor of Omurtag for 30 years and has not had any violations. The ADFI inspections did not find deviations in the activity of the municipality in relation to public procurement. The advanced age of the accused and his poor state of health were pointed out.
The representative of the Appellate Prosecutor’s Office believes that no serious illnesses incompatible with house arrest have been established.
The appellate court found that there were no violations of the procedural rights of the accused person. The charge was brought by an investigative inspector of the Anti-Corruption Commission following the entry into force of legal changes, after the pre-trial proceedings were initiated by the Sofia City Prosecutor’s Office.
Despite the initial stage of the investigation, sufficient written and verbal evidence has been collected that substantiates the suspicion that Mehmed M. participated in the formed secret association aimed at committing crimes on the job. There is a criminal activity that is distinguished by a significant degree of public danger, the Court of Appeal pointed out. The nature of this activity gives reason to the higher instance to assume that there is a real danger that the accused will commit a crime under a lighter measure of remand. He has acquaintances, contacts, uses a good name and could thwart the disclosure of the objective truth.
The medical records in the case do not indicate an illness that would require hospital treatment.
That is why the conclusion of the District Court is correct, that in view of the unencumbered criminal record of Mehmed M. and the lack of risk of absconding, but in the presence of a reasonable assumption about the authorship of the act and the risk of committing a crime, house arrest is lawful. He will be monitored by electronic monitoring.
The decision by which the Court of Appeal – Varna confirmed the judicial act of the District Court in Targovishte is not subject to appeal, the press center of the Court of Appeal reminds.