МЯРКАТА ЗА НЕОТКЛОНЕНИЕ ЗАДЪРЖАНЕ ПОД СТРАЖА
DETENTION OF THE DEFENDANT

Summary/Abstract: The study concerns the most afflictive coercive measure - detention of the defendant -as established in the Bulgarian Code of Criminal Procedure (CCP). First, the amendments in this sphere made in the recent 10 years are discussed and their directions are outlined. Next, the provisions in force concerning the pre-trial detention are analyzed. The focus is placed on several issues: grounds for imposing pre-trial detention; proceedings for application, modification and revocation of this measure in the pre-trial and in the trial phase of the criminal procedure. Most of these issues are discussed in the light of the European Convention of Human Rights (ECHR) and in a comparative perspective (compared with the analogue provisions in some foreign legislation). The final conclusion in the research is that the detention of the defendant as provided for in the Bulgarian CCP is in compliance with the provisions of ECHR, but some controversial questions still exist and different suggestions for improving the CCP in this respect can be made.

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