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© Prosecutor’s Office of the Republic of Belarus
The prosecution’s opinion was signed by Ivan Geshev’s deputy Daniela Masheva, who is also a former member of the Supreme Judicial Council.
It is not necessary to have a special figure of prosecutor who has the authority to investigate the chief – this is the opinion signed by the deputy of Ivan Geshev – Daniela Masheva, which the prosecution sent to the National Assembly on the proposals of GERB and Patriotas Unidos for changes in the Code of Criminal Procedure and the Law of the Judiciary.
According to the opinion of the Prosecutor’s Office, sent to the deputies, who will consider the proposals for changes in the first reading tomorrow in the legal committee of the Parliament, the current regulation allows an investigation against the attorney general.
Masheva also refers to the Constitutional Court decision of July 2020 on the question of oversight of legality and the methodological guidance of the Attorney General’s Office, which has been cited many times by Geshev himself.
“During an inspection or investigation into a signal against the Attorney General, he will maintain his status as Attorney General, but will also acquire a new legal status as an inspected or investigated person. It is his general duty to assume the consequences of the investigation or inspection. of the rule “no one can be judge of himself,” said the Prosecutor’s Office in a statement (read the full text of the opinion here)
Furthermore, among the theses presented to the deputies is that all prosecutors must obey the law only if they control the Attorney General, and in such cases the possibility of supervision and guidance by the Attorney General does not apply.
“In the presence of data or evidence of a crime committed by him, he has no legal authority to influence the procedural development of the case,” said Masheva, who is also a former member of the fiscal board of the Supreme Judicial Council.
Arguments against the proposals include that the Attorney General has no rights and cannot control the decisions of prosecutors with respect to anyone against whom ex officio actions are taken.
“Prosecutors are subject only to the law. They are free, according to their internal conviction, to make decisions, whoever they are, and these decisions cannot be controlled by the attorney general. Not even ex officio control could be achieved until the Attorney General to rule on the files and cases against him, given the general prohibition to rule on himself and the guarantees to counter such actions, “said Geshev’s deputy.
The opinion indicates that the legislator is the one who will decide if it is necessary to create a new figure of prosecutor in the investigation against the attorney general. And if that still happens, Masheva says that the prosecution will organize its activities completely in accordance with the changes in the legislation.
After the failure of the project of changes of the former Minister of Justice Danail Kirilov, after the opinion of the Venice Commission and the continuous criticism of the government’s proposals regarding the General Prosecutor’s Office, in early December the deputies of GERB and United Patriots updated the ideas on how to create a mechanism. for an independent investigation by the Attorney General if you commit a crime.
It is proposed that an independent prosecutor can investigate the chief, be nominated by at least six members of the fiscal board of the Supreme Council of the Judiciary and be elected for a seven-year term by a simple majority of the members of the SJC.
Their actions will not be subject to the control of the Attorney General and will not be supervised or supervised. Cases against the Attorney General must be processed in the Specialized Criminal Court and in the Supreme Court of Cassation.
More about the proposals – read here
