ON SOME ISSUES OF BRINGING CHARGES IN THE PRE-TRIAL PHASE OF THE BULGARIAN CRIMINAL PROCEDURE Cover Image
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ПО НЯКОИ ВЪПРОСИ НА ПРИВЛИЧАНЕТО НА ОБВИНЯЕМ В БЪЛГАРСКИЯ НАКАЗАТЕЛЕН ПРОЦЕС
ON SOME ISSUES OF BRINGING CHARGES IN THE PRE-TRIAL PHASE OF THE BULGARIAN CRIMINAL PROCEDURE

Author(s): Gergana Marinova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: bringing charges in the pre-trail phase; prerequisites for bringing charges; charging procedure

Summary/Abstract: The study examines some problematic aspects of the charging decision and procedure in the pre-trial phase of the Bulgarian criminal procedure. More specifically, the following issues are discussed: the legal nature and content of the report provided for in art. 219 (1) of the Criminal Procedure Code (CPC), as well as the method of reporting; the exact moment of constituting the defendant – before or after the execution of the investigative act directed against him/her under art. 219 (2) CPC; the prerequisites for bringing charges pursuant to of art. 219 (2) CPC; the requirements of the European Court of Human Rights(ECHR) as to the first moment in which criminal charge is considered to exist and the compliance of the Bulgarian legislation with these requirements.

  • Issue Year: LXV/2023
  • Issue No: 2
  • Page Range: 50-67
  • Page Count: 18
  • Language: Bulgarian