Понятието „наказателно преследване“
The Concept of Penal Prosecution

Summary/Abstract: This article aims to reveal the content of the concept “penal prosecution” which appeared for the first time in the Penal Procedure Code in its amendment of 1999. First, the concept is studied in the European Court in Strasbourg practice and its juridical authorities. On the grounds of the study is put an own interpretation on the content of the concept “penal prosecution” under Bulgarian Penal Procedure Code. In this respect two decisions of the Constitutional Court – of 1992 and 1999, are analysed. It is proved that in those decisions the Court puts two different interpretations on the concept “penal prosecution” and the initial moment when it occurs is defined differently. A number of arguments are given to prove that both decisions contravene the European Convention on Protection of Human Rights, the Penal Procedure Code and the practice in enforcing the law.

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