Връщане от въззивния съд на делото за ново разглеждане на прокурора, когато се установи, че престъплението, за което е образувано производството по тъжба на частния тъжител, е от общ характер
Returning the case for new examination to the prosecutor, when it is established that the crime for which proceedings have been instituted on the basis of a complaint by a private complainant is publicly actionable, made by the appellate court

Summary/Abstract: Discussed is the power of the appellate court to revoke the sentence and return the case for new examination to the prosecutor, when it is established that the crime for which proceedings have been instituted on the basis of a complaint by a private complainant is publicly actionable – art. 335, par. 1, item 2 of Criminal Procedure Code. Particular attention is paid to the study of rules for transforming the proceedings for criminal offences prosecuted following complaint of the victim into proceedings according general procedure. Analyzed are the problems, which the prohibition of deterioration of the defendant’s position, laid down in art. 335, par. 4 of Criminal Procedure Code, creates. On the base of conclusions are made proposals de lege ferenda to improve the regulatory framework.

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