Обезщетяване на неимуществените вреди на гражданския ищец в наказателния процес
Compensation for Non Pecuniary Damage of the Pretendent Prosecution (Civil Claimant) in the Criminal Procedure

Summary/Abstract: The paper studies some of the most important from theoretical and practical point of view issues with regard to the compensation for non-pecuniary damages of the civil claimant in the criminal procedure. The study is updated taking due regard of the most recent interpretative case law of the Supreme Court of Cassation of Bulgaria embodied in its Interpretative Decision No 1-2013. The analysis in the study also takes into account the relevant case-law of the Court of Justice of the European Union (ECJ) and of the European Court of Human Rights (ECHR). At the outset the role of the civil claim in the criminal procedure is under consideration. Moreover, special emphasisis put on the issues with regard to the compensation for non-pecuniary damages that has resulted from criminal offences in the cases where the criminal procedure ends with an agreement between the parties under the provisions of Chapter 29 of the Criminal Procedure Code of Bulgaria. At the end of the study a critical analysis is made on the existent views in the case-law of the criminal jurisdictions as regards the compensation for non-pecuniary damages that has resulted from criminal offences for the affected legal person.

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