In connection with numerous media inquiries, the Sofia City Prosecutor's Office (SGP) informs the following: On 23 December 2021, a prosecutor in the SGP issued a refusal to initiate pre-trial proceedings under Art.

213, para.

1 of the Criminal Procedure Code for dissemination of false news regarding the use of expired vaccines due to objective incommensurability of the act.

The file was opened in the SGP on the signal of the former Minister of Health Stoycho Katsarov against Boyko Borissov

Boyko Metodiev Borisov is the Prime Minister of the Republic of Bulgaria. He was born on June 13, 1959 in view of data for a crime under Art.

326, para.

1 of the Penal Code.

The reason for the signal were the following statements of Boyko Borissov

Boyko Metodiev Borisov is the Prime Minister of the Republic of Bulgaria. He was born on June 13, 1959 to the media: "Today what they did - immunize the population with expired vaccines -" Pfizer ".

They have an expiration date of September 30.

It has been extended, but the role of a vaccine is to be safe and effective. "

The prosecutor's office refused to open an investigation against Borisov on Katsarov's signal

According to the signal, an immediate inspection was ordered on the grounds and by the order of art.

145, para.

1, item 2 of the JSA.

Separately, the SGP received a signal from DG "Fighter" with the same subject, as well as another signal again with the same subject, which was submitted to RP-Blagoevgrad, TO-Sandanski.

Both signals were attached to the SGP file.

In the course of the inspection a number of actions were taken and performed by the supervising prosecutor related to the correct establishment of the circumstances of the case, including inquiries were requested and received regarding the supply of vaccines and their expiration date, inquiries from all regional health inspectorates in the country. sending and receiving


vaccines in all regional cities, etc.

According to the supervising prosecutor, it was indeed established that 4 batches of delivered vaccines with an expiration date of 30.09.2021 had been sent throughout the country.

According to an official announcement of the Ministry of Health: "On 10.09.2021.

Following an evaluation by the European Medicines Agency in the EU, a new shelf life of the Pfizer vaccine was approved under ultra-low temperature storage conditions.

The shelf life of the frozen vial has been extended from 6 to 9 months. "

After analyzing the collected data, a prosecutor in the SGP has accepted that the above-mentioned statements of Boyko Borissov

Boyko Metodiev Borisov is the Prime Minister of the Republic of Bulgaria. He was born on June 13, 1959. They do not commit a crime under Art.

326, para.

1 of the Penal Code.

This text provides for the occurrence of criminal liability for the transmission by radio, telephone or otherwise of false calls or misleading signs of help, accident or alarm.

The object of the protected public relations are public order and tranquility, ie.

to be an act a crime under Art.

326, para.

1 of the Penal Code, the same should be aimed at violating these goods protected by law.

The expressions of Boyko Borissov

Boyko Metodiev Borisov is the Prime Minister of the Republic of Bulgaria. He was born on June 13, 1959.

326, para.

1 of the Penal Code.

SGP motivates this conclusion with current case law on similar cases, namely: Decision without number under the case file № 5257 on the inventory for 2016 of the Sofia City Court and Decision № 87 of 03.08.2021 on the case. a.

n. d. № 1862/21 of the Sofia City Court.

In short, according to the cited case law, the "sign" of danger within the meaning of Art.

326, para.

1 of the Penal Code is always unambiguous and indicates a clearly defined danger.

This danger must be specific, ie it must contain allegations of facts (of events that have actually taken place that are existing and objectively verified), and not judgments, assessments, subjective interpretations, etc., related to perception of an event by the submitter of the information and its possible consequences in public life.

Katsarov gave Borisov to the prosecutor's office because of an allegation of expired vaccines

Thus, the SGP has accepted that the statement of Boyko Borissov

Boyko Metodiev Borisov is the Prime Minister of the Republic of Bulgaria. He was born on June 13, 1959 to the media, gave rise to the signal, led to information and public discussion on a significant issue - the vaccine, which is extended only by decision of the World Health organization.

Therefore, the SGP has accepted that the cited statements, which were true, are not aimed at damaging the public order and tranquility established in the Republic of Bulgaria and therefore, from an objective point of view, these statements do not constitute the crime under Art.

326, para.

1 of the Penal Code.

The decree of the SGP for refusal to initiate pre-trial proceedings is subject to appeal before the Appellate Prosecutor's Office-Sofia on the grounds of Art.

213, para.

1 of the PPC.

Boyko Borisov

prosecutor's office