The Supreme Court of Cassation overturned the conditional sentence of the former Minister of Economy and Energy Rumen Ovcharov, reports the site “Lex”.
In the first and second instance in the specialized court, he was sentenced to two years of imprisonment with suspended sentence for being homeless because of the rent of “Mini Bobov dol”. Now the supreme judges order that the case be heard again by the appellate court. After the closing of the special court, it will be the Sofia Court of Appeal.
The Supreme Judges accept that the Special Court of Appeal has committed serious violations, limited the right of defense of the accused and illegitimately conducted probative and analytical activities. “The special appeals court ruled outside the framework established in the indictment. It admitted a contradiction between the device and the reasons for the verdict. It put the defendants in a situation where they will find out exactly what crime they have. committed only by the appeal verdict. He did not present the reasons why some tests are preferred to others that contradict them, “said the three heads of justice.
They also note that the prosecution’s thesis on the damages suffered after the conclusion of the lease agreement with the company “Mini Bobov Dol” is in no way supported by the prosecution’s indictment. According to the supreme judges, the judgments of the court of appeal are small to the point of non-existence, which is comparable to a lack of motivation and constitutes a substantial procedural violation.
The special appeals court found Ovcharov guilty of intentional bankruptcy, which caused damages of over BGN 2.6 million for “Mini Bobov dol”. According to the first instance, the former minister in the triple coalition government, as head of the “Mini Bobov dol”, did not exercise control over the activities of the mine’s executive director, Plamen Evtimov. And with a lease, the exclusive rights for coal mining were transferred to the private company “Oranovo”. Evtimov was also found guilty and sentenced to two years of suspended prison with four years of probation.
The special court ruled that Ovcharov should pay BGN 16.5 million to the state, the amount it estimated the damage caused by the crime. However, the ASNS determined the damages at BGN 2.6 million and, furthermore, rejected all civil actions, not only against Rumen Ovcharov, but also against Evtimov. After being sentenced by the special court, Ovcharov called his sentence absurd and arbitrary.
However, the statute of limitations for prosecution in that case expired on July 18. When he returns to the level of appeal, if Ovcharov agrees, the court will have to revoke him. However, he can ask that the case be heard despite the expired statute of limitations, to be eventually acquitted, and not remain in the archive with a case closed for statute of limitations and culpability not clarified by the court, adds “Ora”. Faced with the publication, Ovcharov’s lawyer commented that they still have to decide with his client how to proceed.
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