CORRECTION OF OBVIOUS FACTUAL ERRORS IN THE INDICTMENT Cover Image
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ОТСТРАНЯВАНЕ НА ОЧЕВИДНИ ФАКТИЧЕСКИ ГРЕШКИ В ОБВИНИТЕЛНИЯ АКТ
CORRECTION OF OBVIOUS FACTUAL ERRORS IN THE INDICTMENT

Author(s): Gergana Marinova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Criminal procedure; indictment; obvious factual errors

Summary/Abstract: The study discusses a newly introduced institution – correction of obvious factual errors in the indictment. Its constitutionality was contested before the constitutional court who delivered its decision No 14/2018 finding no violation of the Bulgarian Constitution. The decision is shortly reviewed in the study. The study discusses also the procedure for establishing and correcting the errors and their basic characteristics. It deals with some questions currently under debate, including when and how the public prosecutor may correct the indictment. Typical obvious factual errors established in the case-law are presented and they are distinguished from another institution – significant procedural violations which are to be dealt with in a completely different way.

  • Issue Year: 2019
  • Issue No: XVIII
  • Page Range: 150-172
  • Page Count: 23
  • Language: Bulgarian