Legal Status and Rights of Victims of crime in criminal Procedure Cover Image
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Правото на защита на пострадалия в наказателния процес
Legal Status and Rights of Victims of crime in criminal Procedure

Author(s): Branimir Vasilev
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: victims’ rights; victim of crime; not constitutional;

Summary/Abstract: The current Criminal Procedure Code incorporates high standards that guarantee the rights of victims in a criminal process under articles 74 and 75. Nevertheless, the rights of victims throughout criminal proceedings do not extend to all of its stages and are almost completely excluded in summary and immediate trial proceedings under the Code. All legal provisions under articles 359 par. 3, 365 par. 4, 376 par. 4, 392 par. 4 and 371 par. 2, which reject the right of the victims to constitute as private accusers in the trial stage of the process and the exclusion of victims as parties to the agreements to dispose of the case in pre-trial proceedings, are not constitutional according to the practice of the Bulgarian Constitutional Court.

  • Issue Year: LVI/2015
  • Issue No: 3
  • Page Range: 105-112
  • Page Count: 8
  • Language: Bulgarian