BTA: Borislav Sarafov Resigns as Acting Prosecutor General

Borislav Sarafov has resigned as Bulgaria's acting Prosecutor General, it emerged from an address to the members of the judiciary that was published on the website of the prosecution service in Bulgarian and in English at 10:30 a.m. on Wednesday.

Sarafov announced that earlier in the day, before the Prosecutors Chambers of the Supreme Judicial Council, he had withdrawn his consent to assume the position of acting Prosecutor General.

Departure Deliberately Delayed

"I made my decision some time ago, after careful consideration of all legal and institutional consequences. I postponed its announcement in order to prevent further destabilization of the prosecution service of the Republic of Bulgaria in the context of a prolonged and severe political crisis, which, I hope, as the majority of Bulgarian citizens have demonstrated, has this time found its successful resolution," Sarafov said in his address.

"Unfortunately, in the past months, the prosecution service has continued to be subjected to groundless and unlawful pressure. In addition, I have become the subject of a targeted smear and defamatory campaign. Nevertheless, I have put the interests of the institution, to which I have dedicated more than three decades of my professional career, above all else, and have taken on the responsibility to continue performing my functions," the statement reads.

"I believe that at present there are prerequisites for a new stage in the development of the prosecution service - a stage based on sustainability and predictability. I sincerely hope that in a short time, the implementation of the long-delayed decisions and elections in the judiciary will begin, while observing the principles of transparency, legality and responsibility, and unconditionally guaranteeing the independence of Bulgarian magistrates, who are the biggest supporters of the implementation of judicial reform, in which professional criteria and the fulfillment of public expectations for the establishment of the rule of law and the achievement of justice will be the leading factors," Sarafov said.

"I am convinced that the prosecution service of the Republic of Bulgaria will continue to fulfill its constitutional functions with the necessary responsibility, consistency and independence," he pointed out.

Lingering Controversy

Sarafov, until then Deputy Prosecutor General, was designated as acting prosecutor general by the Supreme Judicial Council (SJC) Prosecutors Chamber on June 16, 2023, following the removal of his predecessor Ivan Geshev.

His tenure was overshadowed by a lingering controversy over his legitimacy. A number of Bulgarian courts argue that, under Judicial System Act amendments effective January 21, 2025, which limited to six months the period during which a particular individual can serve as acting prosecutor general, his capacity to serve in this office lapsed on July 21, 2025, i.e. six months after the entry into force of these provisions.

In early October 2025, two panels of the Supreme Court of Cassation refused to institute proceedings on motions entered by Sarafov for reopening of criminal cases, arguing that he did not legitimately perform the functions of prosecutor general.

For its part, the SJC Prosecutors Chamber has argued that the six-months time limit did not apply to Sarafov because his designation predated the legal revision at issue, which did not make specific provisions for this situation. This view was shared by some appellate courts.

Caretaker Justice Minister Andrey Yankulov's two attempts to have the Prosecutors Chamber unseat Sarafov were stonewalled. In a Facebook post, Ivan Demerdzhiev, a former caretaker interior minister who will be in the new Parliament as part of former President Rumen Radev's Progressive Bulgaria Coalition, gave Sarafov until April 22 to resign, arguing that he "has no legitimacy whatsoever". Demerdzhiev urged Yankulov to order Judicial Security to bar Sarafov's access to his office at Sofia's Palace of Justice, but the Justice Minister opposed the idea, arguing that the Prosecutors Chamber rather than the cabinet is competent to vest the functions of prosecutor general in Sarafov.