51
Supreme Court Upholds Decision in Embezzlement Case
On August 10, 2024, the Supreme Court of Cassation upheld a lower court decision in a case involving embezzlement by a former municipal official. The court dismissed the cassation protest and appeals filed by the defendant, Milen Milev, and his lawyer.
Background:
- Milen Milev, former chairman of the Administrative Council of the Municipal Foundation “Toma Vasiliev,” was found guilty of embezzling foreign money from the foundation between 2009 and 2009. He received a suspended prison sentence and other penalties.
- Detelin Perlev, former deputy mayor of the Municipality of Teteven, was found guilty of compiling false official documents in 2012-2013.
Court Decision:
- The Supreme Court confirmed the lower court’s sentence reduction for Milen Milev’s imprisonment from 3 to 2 years.
- The court dismissed the claims of procedural violations and lack of evidence presented by the prosecution.
- The cassation instance found no grounds to change the specified penalty or reduce the probationary period.
- The court ruled that the appellate court correctly qualified the overall criminal activity of Detelin Perlev and dismissed the related complaint.
Reasoning:
- The Supreme Court emphasized that the Public Procurement Act does not specify a deadline for announcing a public procurement, and therefore the contracting authority cannot be held criminally liable for its non-compliance.
- The court also found no procedural violations in the lower court’s evidentiary activity.
- The judges concluded that the appellate court applied the law correctly and there were no grounds for additional leniency in the defendant’s case.