НОВИ МОМЕНТИ В ПРОИЗНАСЯНЕТО ОТ ВЪЗЗИВНИЯ СЪД ПО МЯРКАТА ЗА НЕОТКЛОНЕНИЕ И ДРУГИТЕ МЕРКИ ЗА ПРОЦЕСУАЛНА ПРИНУДА
NEW ASPECTS IN THE ADJUDGEMENT OF THE APPELLATE COURT ON THE MEASURE OF REMAND AND OTHER MEASURES OF PROCEDURAL COERCION

Summary/Abstract: The new amendments to the Criminal Procedure Code, promulgated at State gazette, issue 42 of June 9, 2015, make a change in the order for adjudgement on the measure of remand in court proceedings. An official adjudgement of the court is introduced in the cases when the defendant is found guilty; he is sentenced to imprisonment, the execution of which is not deferred under art. 66 of Criminal Code and there is a real risk of absconding. This applies to the first and appellate instance. By this amendment is introduced a new content to the concept „real risk" as a standard of determining the measure of remand. Established new scheme provides indistinctive role of the court, leads to violations of basic principles in criminal proceedings and is contrary to European standards, established by the ECHR and the jurisprudence of European Court of Human Rights.

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