НЕЗАБАВНО ИЗПЪЛНЕНИЕ, В ЧАСТТА ОТНОСНО МЕРКИТЕ ЗА НЕОТКЛОНЕНИЕ, НА СЪДЕБНИТЕ АКТОВЕ, ПОСТАНОВЯВАНИ В ПЪРВИЯ СТАДИЙ НА СЪДЕБНАТА ФАЗА ПО НАКАЗАТЕЛНИ ДЕЛА
IMMEDIATE EXECUTION, IN THE PART REGARDING MEASURES OF REMAND, OF COURT ACTS ISSUED IN THE FIRST STAGE OF THE JUDICIAL PHASE IN CRIMINAL CASES

Summary/Abstract: One of the issues on which the court decides during the first stage of the judicial phase in criminal cases concerns measures of procedural coercion. The current research focuses on the problem related to the initial moment of execution of the ruling, respectively the injunction, in its corresponding part, with an emphasis on the measures of remand detention in custody and house arrest. In the case law it is assumed, without being based on explicit legal grounds, that when a measure of remand is imposed or amended into a more severe one, the court act is executed immediately, but when a measure is revoked or amended into a less restrictive one, the act is executed when it enters into force. The statement has been substantiated according to which it is essential that comprehensive rules regulating these powers be established. Several possible legislative solutions and their consequences have been analysed.

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