site.btaSupreme Cassation Court Challenges Legal Provision Leading to Suspension of Indicted Magistrates

Supreme Cassation Court Challenges Legal Provision Leading to Suspension of Indicted Magistrates

Sofia, April 15 (BTA) - The Supreme Court of Cassation has asked the Constitutional Court to declare unconstitutinal provisions in the Judiciary Act whereby a judge, prosecutor or investigator who have been indicted, are suspended for the duration of the criminal procedure.

The Supreme Court judges argue that the "temporary suspension" until the completion of the criminal proceeding proves to be of unjustifiable duration from the view point of labour relations and related rights.

During the period of the suspension, the magistrate does not draw a salary and may not get another job or perform an official function because he or she is still employed in the judiciary. He is thus deprived of the right to work and earn a living.