68. Under Article 86 of the CCP, the prosecutor and the investigator are under an obligation to
collect both incriminating and exonerating evidence. Throughout criminal proceedings, the
prosecutor must “effect a supervisory control of lawfulness” (Article 43 CCP).
F. Provisions on pre-trial detention
1. Power of prosecuting authorities to detain on remand
69. An accused, including a minor, can be detained on remand by decision of an investigator or
prosecutor, although minors may be detained on remand only in exceptional circumstances. In
cases where the decision to detain has been taken by an investigator without the prior consent of
a prosecutor, it must be approved by a prosecutor within twenty-four hours. The prosecutor
usually makes this decision on the basis of the file, without hearing the accused (CCP,
Articles 152, 172, 201-203 and 377-378).
70. A criminal investigation must be concluded within two months. A prolongation of up to six
months may be authorised by a Regional Prosecutor and, in exceptional cases, the Chief Public
Prosecutor may prolong the investigations up to nine months. If the period is prolonged, the
prosecutor will decide whether to hold the accused in custody (CCP, Article 222).
71. There is no legal obstacle to prevent the prosecutor who has taken the decision to detain an
accused on remand, or has approved an investigator’s decision, from acting for the prosecution
against the accused in any subsequent criminal proceedings. In practice this frequently occurs.
2. Judicial review of pre-trial detention
72. A person detained on remand has the opportunity immediately to file an appeal with the
competent court against the imposition of detention. The court must pronounce its decision
within three days of the filing of the appeal (CCP, Article 152 § 5).
73. According to the practice which was current at the time of Mr Assenov’s arrest, the court
examines appeals against detention on remand in camera, without the participation of the parties.
If the appeal is dismissed, the court does not notify the detained person of the decision taken.
74. The First Criminal Chamber of the Supreme Court has held that, in deciding on such
appeals, it is not open to the court to inquire whether there exists sufficient evidence supporting
the charges against the detainee, but only to examine the lawfulness of the detention order. A
detention order will
only be lawful, in cases of persons charged with crimes punishable by less than ten years’
imprisonment, where there is a “real danger” of the accused absconding or reoffending (decision
no. 24 in case no. 268/95).
75. In a decision of 17 September 1992, the First Criminal Chamber of the Supreme Court found
that the imposition of detention on remand could be contested before a court only once. A new