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 108
- Downloads 0
THE FUTURE OF HUMAN RIGHTS TOWARDS A WORLD COURT OF HUMAN RIGHTS: REASONS FOR THE ESTABLISHMENT
The founding of the United Nations in 1945, with the promotion of universal observance of human rights as a principle objective under its Charter, launched an era of international human rights institution-building and st...
NEW TYPES OF TRADEMARKS – PROTECTION OF MULTIMEDIA TRADEMARKS
The Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks.and the Regulation (EU) 2017/1001 of the European Parliam...
LEGAL ASPECTS REGARDING THE EXPRESSION OF BINDING CONSUMER CONSENT
The purpose of this study is to analyse the effect of the party's intent to enter into a legal relationship, in such cases where the powers of one party are significantly higher than the ones of the other contracting par...
ASPECTS OF ETHICAL MANAGEMENT IN TODAY'S EUROPEAN UNIVERSITIES
The present paper is a theoretical one. Firstly, this paper attempts to reveal to what extent the 21st century universities – with all the characteristics of this period - are concerned about ethical problems. And if uni...
LEGISLATIVE MEASURES ON THE ISSUE OF PRISON OVERCROWDING AND IMPROPER MATERIAL CONDITIONS OF DETENTION, FOLLOWING THE ECtHR PILOT-JUDGMENT REZMIVEȘ AND OTHERS AGAINST ROMANIA
This paper deals with the issue of prison overcrowding and improper material conditions of detention. The first part of the study is developed based on the national standards, followed by a presentation of the internatio...