Конституционни проблеми във връзка с правомощията на прокурора по чл. 145 от Закона за съдебната власт
Constitutional Problems Related to the Public Prosecutors’ Powers Under Article 145 of the Judicial Authority Act

Summary/Abstract: The article examines in critical perspective the powers of public prosecutors under art. 145 of the Judicial Authority Act to pursue preliminary inspections in all cases under their jurisdiction. The development of the relevant legislation is examined in historical perspective and in the context of the Constitution and the European convention on human rights. The legal premise that the prosecutors dispose of the same powers irrespective whether they act within or outside the context of criminal justice contradicts the constitutional principle of proportionality in the restriction of human rights. In particular the prosecutors’ powers to pursue preliminary inspections to gather sufficient information about a perpetrated crime instead of launching an official pre-trial inquiry under the Criminal Procedure Code violate the constitutional defence rights and the separation of powers.

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