The Punishment in Summary Judicial Investigation Cover Image
  • Price 4.50 €

Наказанието при съкратеното съдебно следствие
The Punishment in Summary Judicial Investigation

Author(s): Rumen Markov, Rumen Markov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: summary judicial investigation; confession; fairness of a punishment

Summary/Abstract: In summary judicial investigation (Art. 369а– 374 Criminal Procedure Code) the court determines the punishment in accordance with the rules laid down in the provision of Art. 58а of the Criminal Code (CC). However, the punishment determined under these rules does not correspond to the severity of the crime. For this reason, the punishment is unfair and unfi t for achieving the objectives under Art. 36 CC, and respectively, the goals of special and general prevention. The article proposes de lege ferenda an amendment to the norm of Art. 58а CC, so that the latter can be brought into line with the main principles of substantive criminal law without limiting the fi eld of application of the summary judicial investigation.

  • Issue Year: 2019
  • Issue No: 3
  • Page Range: 7-21
  • Page Count: 15
  • Language: Bulgarian