GERB's criminal assets forfeiture bill passed at first reading

The new bill of GERB (Citizens for European Development of Bulgaria) allowing the forfeiture of assets acquired  through crime was passed at first reading in Parliament yesterday. The first version of the law was blocked on July 8, 2011, when GERB passed censure on Margarita Popova, and supported the project with just 71 votes. On Thursday, the new Minister of Justice, Diana Kovacheva defended the project, arguing that she expected that the bill will boost the State in its fight against corruption at high levels. Kovacheva left Parliament without hearing the debate, which took more than 4 hours.

Some 121 MPs voted “for” the project - the majority plus some independent MPs and two MPs from the Blue Coalition. 70 MPs voted 'against', and 10 abstained. Later, the majority rejected the alternative bill on civil forfeiture, submitted by Hristo Biserov of the Movement for Rights and Freedoms.

The debates on the two projects were held simultaneously.

The bill of GERB empowers the State to forfeit assets of persons accused of criminal proceedings for several offences, including theft, unprofitable transactions, and tax evasion, without a final judgment to be passed on them. The seizure procedure will run parallel to the criminal proceeding. When a difference of at least BGN 250,000 between the ownership and income of a person is established, his earnings over a 10-year period will be checked.

The bill will close down the current Commission for Establishing of Property Acquired from Criminal Activity and a new Commission will be set up. It will be composed of five members, elected by Parliament and will have a five-year mandate. The commission will have territorial units, working on the spot.

Maya Manolova, MP from BSP, said that the project provided for the checks to continue even when the accused persons are exculpated and posthumously. She pointed out that the "witch hunt will continue even after the witches are dead."

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