Предходната съдимост на дееца като пречка за прилагане на условно осъждане
The Prior Sentencing of the Offender as a Barrier to Apply the Suspended Sentence

Summary/Abstract: This article deals with the sentencing of the offender as a barrier to apply the suspended sentence rules under the Bulgarian Criminal law. The first part of the paper explores the legal treatment of prior sentencing as an obstacle to delay the serving of a sentence in Bulgarian Criminal Law during 1904–1968 period. The second part contains a brief review of some foreign legislations and outlines the specific approaches to the issue of prior sentencing as a barrier to suspended sentence. The third part is focused on the contemporary legal regime and the questions posed by case law and criminal law theory. Special attention is put on the problem of a prior sentence ruled by a court in another EU Member State. The central issue is whether this sentence needs to be recognized for execution following the Criminal Procedure Code in order to be treated as a barrier to suspended sentence.The article as a whole aims to clarify the prior sentencing as a barrier to suspend the execution of the punishment and to provide answers to the problems found in practice.

• Details
• Contents