ДЕЙСТВИЕ НА ЗАБРАНАТА ЗА ВЛОШАВАНЕ НА ПОЛОЖЕНИЕТО НА ОБВИНЯЕМИЯ (ЗАБРАНА ЗА REFORMATIO IN PEJUS) ПРИ ИНСТАНЦИОННИЯ КОНТРОЛ ВЪРХУ ПРОЦЕСУАЛНИ АКТОВЕ, РАЗЛИЧНИ ОТ ПРИСЪДИТЕ И РЕШЕНИЯТА
EFFECT OF THE PROHIBITION OF WORSENING THE SITUATION OF THE ACCUSED (PROHIBITION OF REFORMATIO IN PEJUS) IN INSTANCE CONTROL OF PROCEDURAL ACTS, DIFFERENT FROM SENTENCES AND JUDGMENTS

Summary/Abstract: The manifestations of the prohibition of worsening the situation of the accused (prohibition of reformatio in pejus) outside the hypotheses of review of sentences and judgments, have been researched. The statement has been substantiated that the prohibition has an effect in every ruling of a state procedural body within control proceedings, in which it is possible for certain issues to be decided on in a less favourable way for the accused. The criteria on the basis of which it is determined whether a certain ruling worsens the situation of the accused, or not, have been considered. An emphasis has been placed on the manifestations of the prohibition in proceedings related to the measures of procedural coercion, the termination and suspension of criminal proceedings, and the termination of court proceedings.

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