2024-08-22 08:33:41
This is indicated by the results of an inspection appointed after accusing producer Niko Tuparev
A proposal for punishment of the accuser from the Sofia City Prosecutor’s Office, Dimitar Frantisek Petrov, was submitted to the Prosecution College of the Supreme Judicial Council by Borislav Sarafov. It is based on the results of a comprehensive review of František’s activities (he is better known in magistrate circles by his patronymic – b.r) in the last 3 years, which showed that he was delaying the cases he worked on in the last 3 years.
The Attorney General scheduled the review for July 1. The reason was that he illegally detained producer Niko Tuparev for 20 hours. He was taken into custody on June 27 on charges of embezzlement in 2020 of over BGN 1.4 million from his company, in which he is a partner with his cousin Alexander Toshev. It was alleged that he had ordered a transfer from the company’s accounts in two banks to his own bank account without a decision being taken by the general meeting of the partners. However, after 8 p.m., the Sofia City Court released Tuparev without bail on the grounds that he could not have committed an official crime because he is not an official. However, prosecutor Frantisek protested the decision and the case reached the Sofia Court of Appeal. However, the supreme prosecutor refused to maintain the accusation. And recently, the Appellate Prosecutor’s Office canceled the decree with which Tuparev was accused. Thus, the investigation continues, but no one has been brought under criminal responsibility.
Already on July 11, Sarafov seconded Frantisek for 3 months to the District Prosecutor’s Office-Smolyan. The inspection showed that it was in this case that “purposeful behavior of prosecutor Petrov was established to circumvent the requirement of the law for random distribution of files and cases. Subsequently, pre-trial proceedings were initiated, in which a defendant was brought in and he was detained for a period of up to 72 hours, without any grounds for this.” In their official announcement, the prosecutor’s office does not mention that the investigation is about Tuparev, but it is hinted that it is about him.
The results also showed that there was an unjustified delay in cases, a lack of rhythm and intensity in the execution of the procedural and investigative actions and of control over the investigating authorities for the lawful and timely conduct of the investigation. According to a number of investigations, František did not provide effective leadership and supervision.
In another investigation related to money laundering, procedural actions were carried out as a result of “extremely incorrect, tendentious and illegal assessment of facts and circumstances”. Thus, no other prosecutor could save the investigation.
The inspection also found other violations. In 17 investigations, František did not ask for an extension of the deadlines in time. According to 2, even after their expiration, he did not make such a request, although he was warned by the investigators.
He also oversaw 83 suspended investigations. For 41, he did not ask for information about searches undertaken by the police or did so once.
The entire report has been sent to the Prosecution College of the SJC, and Sarafov points out that Frantisek’s actions are violations according to the judicial law.