With the special prosecutor in prison, there is no legitimate legal representative in the trials in the SPO cases, Elenko Milanov, one of the lawyers of the defendants, said in an interview with Alf. As regards the transfer of SPO cases, Milanov thinks that this is not something that can be done overnight. He believes that this is not a simple matter at all. For someone to be able to hand over those cases, he stressed, Milanov, a handover report should be submitted.
The handover report should contain all the material, ie every single document contained in the SPO case files, should be handed over to another, whether it be the state, if so, then it does not proceed directly to court, the state public prosecutor’s office will have to hand those documents over to the competent public prosecutor’s office that it will decide which it will be, whether the organized crime department or any of the basic public prosecutor’s offices, Milanov explained in an interview with Alfa.
Asked about the bombs that led to the establishment of the SPO, Milanov said that legally, these illegal conversations should have been clues to both these cases and the use of the SPO. Nonetheless, he points out, with some Appellate decisions they entered as evidence in court proceedings because it is the responsibility of this Special Public Prosecutor’s Office.
With the termination of the SPO or the transfer of cases to the regular Public Prosecutor’s Office, no regular public prosecutor has the powers under the SPO law and legally, none of those illegally recorded conversations should be further evidence in the proceedings. In all cases, if they continue in any other public prosecution, this evidence should be legally separated from the records and not used as evidence at all. If the SPO ceases to exist, that evidence should be destroyed now, Milanov explained.
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