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

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