Някои проблеми при възобновяването на наказателни дела по присъди, решения и определения, непроверени по касационен ред
Some Problems Regarding the Re-opening of Criminal Cases that Have Ended with Sentences, Decisions, and Rulings which Have Not Been Examined in the Course of Cassation Proceedings

Summary/Abstract: The re-opening of criminal cases that have ended with sentences, decisions and rulings, which have not been examined in the course of cassation proceedings on the ground of substantial violations stipulated as cassation grounds, differs from the other grounds for re-opening. It reveals special characteristics and distinctions which represent it as a specific mode of this procedural remedy. The objects of control in the procedure of re-opening on this ground are sentences, decisions and rulings which have not been examined in the course of cassation proceedings. The lack of cassation review could be a result of the inadmissibility of the cassation appeal of the respective acts or a result of the non-submission of a cassation complaint by the accused or his defender having a valid excuse. The law also provides for one negative requirement towards the appealed court act — the cassation proceedings for its examination should not be initiated via a complaint or protest by the party in whose favour the reversal has been suggested. This creates difficulties and problems in the application of this remedy and does not correspond to the character of the proceedings. A de lege ferenda recommendation is therefore made to abolish this legal requirement. The discussed ground differs substantially from the other grounds for re-opening because a doubt for rightness of the court act is based only on the fact that it has not been examined in the course of cassation proceedings. This peculiarity influences the process of consideration of the retrial request — courts examine only the fact whether the appealed act has been examined in the course of cassation proceedings.

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