ПРАВНИ ПОСЛЕДИЦИ ОТ НАРУШЕНИЯТА НА РАЗПОРЕДБИТЕ ОТНОСНО ПРОЦЕСУАЛНИТЕ СРОКОВЕ ПО НАКАЗАТЕЛНИ ДЕЛА СРЕЩУ НЕПЪЛНОЛЕТНИ
LEGAL CONSEQUENCES OF VIOLATIONS OF THE PROVISIONS ON PROCEDURAL TERMS IN CRIMINAL CASES AGAINST UNDERAGE ACCUSED PARTIES

Summary/Abstract: The consequences of the violation of the provisions setting terms for examining and deciding criminal cases when the accused has committed the crime as an underage, are analysed. It has been concluded that when the excessive duration of criminal cases against underage accused parties results in the accused reaching the age of majority in the course of the proceedings, it renders meaningless the special rules, developed in accordance with the characteristics of the age of the perpetrator, of Art. 61 and Art. 64 of the Criminal Code and of Chapter Thirty of the Criminal Procedure Code. Unlike the violation of the principle of examining and deciding cases within reasonable time, the exclusion of the application of these provisions cannot be compensated for by the current legislation, which creates prerequisites for unequal treatment of persons who have committed crimes while underage, on the basis of circumstances beyond their control.

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