Правото на защита на пострадалия на досъдебното производство според българския НПК и според минималните международни стандарти
The Victim’s Right of Protection in Pre-trial Proceedings according to the Bulgarian Criminal Procedure Code and International Standards

Summary/Abstract: CRIMINAL PROCEDURE // The adoption of the new Criminal Procedure Code offered a legal solution to the uncertainty about the legal essence of “victim” in court practice. The formulation of “victim” also led to the introduction into theory of certain procedure rights for the victim in the pretrial proceedings. Procedure rights for active participation in criminal procedure are now incorporated in the “victim’s” right of defense and are supposed to defend their violated rights and interests. Article 75, para 2 stipulates that the court and the pretrial bodies have to explain to the victim their rights and guarantee an effective application of the aforesaid rights under the conditions stipulated in the Criminal Procedure Code. A legislative amendment to this provision in 2008, however, insisted that the victim’s rights will not be valid unless they have explicitly stated their will to participate in the procedure and have filed a valid address for pretrial summoning before police officers or the prosecution office. Such a provision not only violates fundamental principles in the Bulgarian criminal procedure and the international standards on victims but it also creates prerequisites for legal infringements of the victim’s right of defense. International standards for victims are stipulated in numerous European and international acts, the most important among them being: The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power of the United Nations and the 2001 EU Framework Decision on the Standing of Victims in Criminal Proceedings; experiences and perceptions of crime victims across the Member States of the European Union. The Declaration settles ten basic principles or rights for the victims of crimes in criminal procedure and some of them are incorporated in the Bulgarian Criminal Procedure Code. Despite this, the Criminal Procedure Code still doesn’t provide victims with effective guarantees for their rights of defense. In this respect the article proposes some legislative amendments de lege ferenda.

• Details
• Contents