ВЗЕМАНЕ ПРЕДВИД НА ПРИСЪДИТЕ, ПОСТАНОВЕНИ В ДЪРЖАВИТЕ ЧЛЕНКИ НА ЕВРОПЕЙСКИЯ СЪЮЗ В ХОДА НА НОВООБРАЗУВАНИ НАКАЗАТЕЛНИ ПРОИЗВОДСТВА
TAKING ACCOUNT OF CONVICTIONS, DELIVERED IN THE MEMBER-STATES OF THE EUROPEAN UNION IN THE COURSE OF NEW CRIMINAL PROCEEDINGS

Summary/Abstract: In the article the authors analyze the main act that regulates this matter: the European Convention on the International Recognition of the sentences, which has been ratified by the Republic of Bulgaria by law from 01.28.2004, and was adopted with the idea to develop uniform rules on three issues: implementing the rule „non bis in idem", recognition and enforcement of the foreign judgements and to take account of judgments in criminal matters, issued in the Member-states of the Council of Europe.Bulgaria has set these conditions by rule 8, paragraph 1 of the Criminal Code - "The verdict of a foreign court for a crime for which the Bulgarian Penal Code is applied shall be taken into account in cases, established by international agreement, which is in force for the Republic Bulgaria" and thus has introduced the principle of equivalence of convictions in the countries - members of the Council of Europe to the criminal record of the accused person in new criminal proceedings. In view of the adoption within the European Union of the Framework decision 2008 /675/ JHA of 24.07.2008 on taking account of convictions in the Member - States of the European Union in the course of new criminal proceedings, the authors trace the way of transposition by the Bulgarian state through the rule of art. 8, Paragraph 2 of the Penal Code, in force since 27.05.2011, according which - "Final judgment handed down in another Member - State of the European Union for an act which constitutes a crime under the Bulgarian Penal Code, are taken into account in any criminal proceedings being conducted against the same person in the Republic of Bulgaria". The article consistently addresses the factual prerequisites for taking into account foreign convictions, the content of the term "take into account" and the legal consequences of this - is it necessary the sentence to be previously recognized, and the possibility of application of art. 25 of the Criminal Code in respect of such conviction. In this regard the authors examine the national case-law and make recommendations for its uniformity. Practical focus of the article with a view to national enforcement principle is reflected in the section on proof of final verdict in the national criminal procedures, in which the authors analyze the Framework Decision 2009/315/ JHA of 26 February 2009 on the organization and content of the exchange of information received from criminal records between Member-States and the Council Framework Decision 2009/316/ JHA of 6 April 2009 establishing a European Criminal Records Information System (ECRIS).

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