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

Author:Lyuboslav Lyubenov
Position:Lecturer, PhD Candidate, Faculty of Law University of Ruse 'Angel Kanchev
Pages:108-115
SUMMARY

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 ... (see full summary)

 
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LESIJ NO. XXVI, VOL. 1/2019
ACTUAL PROBLEMS OF REALIZATION OF THE RIGHT OF PERSONAL
PROTECTION OF THE ACCUSED IN THE CONTEXT OF THE REQUIREM ENT
FOR A TERM FOR PRE-TRIAL INVESTIGATION ACCORDING TO THE
BULGARIAN CRIMINAL PROCEDURE CODE
Lyuboslav LYUBENOV
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 a ccused person to carr y out
the pre-tria l 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.ăBasedă onătheă understandingăthată theădefendant’să rightătoă personalăprotection is in its
broadest sense, a r ecognized and guara nteed opportunity for personal, active par ticipation 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- la w of the European Court of Human rights has
also b een discussed. In the final part of the repor t are made theoretical conclusions on the basis of
which were formulated proposals for improvement of the Bulgaria n Code of Criminal Pr ocedure.
Keywords: r ight of per sonal pr otection, criminal procedure law, Eur opean cour t of Human
right, case-la w.
1. Introduction
The ground for this paper is the latest
amendments made 2017 in Art. 234 of the
Criminal Procedure Code of Republic of
Bulgaria. With these amendments, the
legislator finally strengthened his
understanding of conducting the pre-trial
investigation in absolute term. In my
opinion, this normative innovation
inadvertently contradicts the disclosure of
objective truth and the right to personal
protection, which is linked to the
requirement for the duration of the st udy in
several different directions: personal
protection is exer cised at all stages of the
process (Art. 122 par. 1 from the
LОМturОr,ăPСDăCanНТНatО,ăFaМultвăoПăLaаăUnТvОrsТtвăoПăRusОă“AnРОlăKanМСОv”ă(О-mail: lvlyubenov@uni-ruse.bg).
Constitution of Republic of Bulgaria; Article
15 of Criminal Pro cedure Code of Republic
of Bulgaria); the accused as a rule presents
and is involved in the pre-trial investigation
(Art. 206 of the Criminal Procedure Code);
the accused has the opp ortunity to make
evidential requests and to lay evidence in the
course of the investigation (Art.55, 107 and
230 of the Criminal Procedure Code ); the
accused has the right to a sufficient time to
prepare for his defense (Art. 6 (3) (b)
ECHR). The present exposition describes
this problem and offers a solution.
2. Content
According to the a mended Art. 234,
par. 1 of the Criminal P rocedure Code The

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