Chief Prosecutor seeks clarity about provisions for Presidential immunity

Bulgaria’s Chief Prosecutor, Ivan Geshev, has asked the Constitutional court to interpret the constitution's provision on the immunity of the President and Vice President.

Article 103 of the Constitution states that the President and the Vice President shall not incur liability for any actions performed in the discharge of the functions thereof, with the exception of high treason and violation of the Constitution. According to it, they also cannot be detained and cannot be prosecuted.

The Chief Prosecutor said that the interpretation of the meaning of the provision of Art. 103 is necessary because the norm is laconic and does not give an unambiguous answer to the question posed by this request, the Prosecutor's office said on January 27.

There is a need for interpretation in order to avoid contradictory application of this constitutional provision and to prevent adverse effects on the national legal system. In view of this, there is a need for a formal interpretation of the provision of Art. 103, para 1 and clarifying the meaning of the concepts "high treason" and "violation of the Constitution", as well as the following issues:

- Does the notion of "high treason" overlap with the criminal offences under Section I "Treason" of Chapter One "Offences against the Republic" of the Penal Code;

- What is the difference between the notions of "high treason" and "violation of the Constitution";

- Does the content of any of the notions of "high treason" and "offences against the Republic" include the commission of any offence other than those provided for in Section I "Treason" of Chapter One "Offences against the Republic" of the Penal Code and, if it does, which of the two, and are there any requirements regarding the type of offence.

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