Правомощия на съда при разглеждане на наказателно дело в разпоредително заседание с подсъдим, страдащ от разстройство на съзнанието, което изключва вменяемостта
Powers of the Court when Hearing a Criminal Case in a Dispositive Session with a Defendant Suffering from Disorder of Consciousness, which Excludes Imputability

Summary/Abstract: The article deals with certain aspects of the dispositive session introduced in 2017, which is new to the currently operative Criminal Procedure Code (CPC), particularly the matters related to an incidental need arising in connection with a specific case, namely to have the evidence collected as early as this stage of the trial phase where the evidence is necessary for answering the questions under Art. 248, para. 1 of the CPC and, more specifically, where the court has doubts as to whether or not the defendant suffers from a disorder of consciousness that excludes imputability. The article provides an overview of the terms ‘brief/temporary’ and, respectively, ‘long-term’ disorder of consciousness, which excludes imputability. The main characteristics of a dispositive session are outlined, the latter forming part of the trial phase of criminal proceedings, and focus is brought to some of the hypotheses necessitating the suspension or termination thereof. For the purpose of exhaustiveness of the exposition, consideration is also given to the substantive law framework concerning the disorder of consciousness as per the Criminal Code (CC). Some possible approaches to the process of examining the defendant and establishing undoubtedly the imputability or the absence thereof are proposed, critical consideration being given to the procedural law framework. Suggestions are made as to amendments which, in the author’s opinion, are necessary ones.

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