Наказателнопроцесуални аспекти на реторсията
Criminal procedural aspects of retort

Author(s): Yanko Roychev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: retaliation; criminal proceedings; private plaintiff; crimes of a private nature; defendant; powers of the court
Summary/Abstract: The presentation analyzes a number of criminal procedural problems arising from the institution of retort. The prohibition under Art. 74, para. 3 of the Code of Criminal Procedure for the accused to exercise the rights of a victim in the same proceedings; the powers of the court in applying retort, including whether the institute is applied ex officio and whether there is a margin of discretion in this regard; the consequences of the defendant's request for retaliation. Emphasis is placed on the controversial judicial practice in connection with the consolidation of cases initiated by complaints of two persons against each other, as well as on the concept of "counter-complaint" and its meaning under the current legal framework. As an institute with long-standing traditions in Bulgarian criminal law, retort has been the subject of numerous scientific studies, which have been analyzed and summarized accordingly.

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