ACTUAL PROBLEMS OF REALIZATION OF THE RIGHT OF PERSONAL PROTECTION OF THE ACCUSED IN THE CONTEXT OF THE REQUIREMENT FOR A TERM FOR PRE-TRIAL INVESTIGATION ACCORDING TO THE BULGARIAN CRIMINAL PROCEDURE CODE.
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The present scientific publication represents an attempt for clarification the question, how affects the principle of objective truth and the right of personal protection of the accused person to carry out the pre-trial investigation in an explicity regulated by law period of time? For this purpose, is made an obserbance of Art.234, par.7 of the Criminal Procedure Code of the Republic of Bulgaria and the legal consequences. Based on the understanding that the defendant’s right to personal protection is in its broadest sense, a recognized and guaranteed opportunity for personal, active participation in criminal proceedings we have mainly dealt with the issue of excluding important evidence of justification only because they were collected beyond the period of investigation and over the forms of limiting the personal activity of the accused person in the preliminary stage of trial through the investigation period itself. In the context of the problems described, a case- law of the European Court of Human rights has also been discussed. In the final part of the report are made theoretical conclusions on the basis of which were formulated proposals for improvement of the Bulgarian Code of Criminal Procedure.
Authors and Affiliations
Lyuboslav LYUBENOV
Keywords
Related Articles
- EP ID EP582497
- DOI -
- Views 124
- Downloads 0
THE LEGITIMACY OF LAW IN DEMOCRATIC SOCIETIES
The legitimacy of the state power identifies an interactive relation of balance and cooperation between branches of power in the state, under the condition of a contemporary democratic political regime. The rule of law i...
AUTOPLAGIARISM AND SCIENTIFIC RESEARCH ACTIVITY
Writing a PhD thesis involves a long and profound scientific research activity. In this context of research, a number of incident factors may lead to the elaboration of a PhD thesis that is original or not. Some of these...
STATE RESPONSIBILITY IN THE PREVENTION OF TORTURE AND INHUMAN AND DEGRADING TREATMENT
To produce intentional, systematic and cruel physical or mental suffering, acting on their own initiative or on the basis of order, in order to compel certain persons to confess or give information, was defined as tortur...
PUBLIC PROCUREMENT IN THE LIGHT OF THE NEW LEGISLATIVE CHANGES
The package of laws on public procurement and concessions of Romania which entered into force in May 2016 came with many new elements. Therefore, in this study, we aim to present the new conception of the lawmaker toward...
CONSIDERATIONS REGARDING THE LEGAL REGIME OF JOINT – STOCK COMPANIES SET UP BY PUBLIC SUBSCRIPTION
Capital companies (joint stock companies and partnerships limited by shares) may be set up under the Law no. 31/1990 (on companies) by instantaneous subscription or by public subscription. The companies set up by public...