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Dr. Orlin Kolev: A candidate-deputy cannot be detained until the results are pronounced

We must explain that the one to whom the criminal repression is directed has already been declared a criminal. There is no effective court decision. His sentence can be extended, then we cross the limits of constitutional law into criminal procedural law

Oct 3, 2024 22:22 35

Dr. Orlin Kolev: A candidate-deputy cannot be detained until the results are pronounced  - 1

Ceyhan Ibryamov faces up to 5 years in prison, and his immunity was lifted.

"Until now, if we look at the latest requests of the Prosecutor General to the National Assembly to remove the parliamentary immunity of any of the people's representatives, for whom there is information and sufficient grounds to suspect that a crime has been committed, practice shows that the A representative of the people gives his consent to the removal of immunity, and if he does not wish, the National Assembly does it with a decision", said the constitutionalist Dr. Orlin Kolev in the studio of "The Day ON AIR".

According to the latest information, Jeyhan Ibryamov has been detained for 72 hours and charged with influence peddling.

"The Electoral Code says that after the moment of registration until the moment when the results are pronounced, a candidate for a representative cannot be detained, and no charges can be brought against him. An exception in Paragraph 2 is provided for when the candidate for national representative is found to have committed a crime of a general nature. Then no permission from the CEC is required," added Dr. Kolev on Bulgaria ON AIR.

"We have to explain that the one to whom the criminal repression is directed has already been declared a criminal. There is no effective court decision. Its measure can be extended, then we pass from the limits of constitutional law into criminal procedural law. When we talk about a crime that goes against the political rights of citizens, the proof is not so easy. But let's hypothetically say that what is known about the money is true, and this money is for buying votes, or something else, then this should be proven either through witnesses or by using the SRS," commented the constitutionalist .

And according to him, the SJC is acting according to the law so far.

"I do not know the details of the procedure for the selection of the chief prosecutor, but certainly the actions of the SJC are legal. There is no authority in the state that can stop the procedure, except the Supreme Judicial Council itself. Politicians must also find a common language and change the composition of the SJC, take the necessary actions to change the law on the judiciary. In the current rotation, the president will have to appoint two constitutional judges", emphasized Dr. Orlin Kolev.

He himself supports the old Constitution.

"The bar guild is the least protected by the law. It is free, anyone can join, of course, if they pass the screening. The interests of the citizens are protected there," Dr. Kolev is emphatic.