ПРЕКРАТЯВАНЕ НА НАКАЗАТЕЛНОТО ПРОИЗВОДСТВО В СЛУЧАИТЕ НА ЧЛ. 250, АЛ. 1, Т. 2 НПК
TERMINATION OF THE CRIMINAL PROCEEDINGS IN THE HYPOTHESES OF ART. 250, SUBPAR. 1, P. 2 CPC

Summary/Abstract: With the changes in the Criminal Procedure Code (CPC) from 2017 a new power has been regulated in the stage of surrender to the court and the preparation of the case for hearing - the court in closed session (the judge-rapporteur in private prosecution cases) terminates the criminal proceedings when the act described in the indictment or the complaint constitutes an administrative offence (Art. 250, subparagraph 1, p. 2 CPC). It constitutes a ruling of the determining authority on the substance and in public prosecution cases contradicts the essence of this stage as well as the fundamental principles of criminal procedure. Therefore de lege ferenda this power should be abolished.

• Details
• Contents