Law Amending And Supplementing The Code Of Criminal Procedure

Original Language Title: Закон за изменение и допълнение на Наказателно-процесуалния кодекс

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Name of law law amending and supplementing the criminal procedure code name of Bill a bill amending and supplementing the code of criminal procedure of acceptance Date 01/08/2013 number/year 2013 official journal Decree No 71/169

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the code of criminal procedure, adopted by HLIÌ National Assembly on August 1, 2013.

Issued in Sofia on 8 August 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the criminal procedure code (official SG. 86 of 2005; amend., SG. 46 and 109 from the 2007 No. 69 and 109 in 2008, issue 12, 27, 32 and 33 by 2009, issue 15, 32 and 101 of 2010, issue 13, 33, 60, 61 and 93 from 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 19, 20, 25 and 60 by 2012 PCs. 17 and 52 by 2013)

§ 1. In art. 63, para. 4, the words "one year" shall be replaced by ' eight months ' and the words ' two years ' shall be replaced by "one year and six months.

§ 2. In art. 234, para. 8, the words ' two years ' shall be replaced by "one year and six months", and the words "one year" shall be replaced by ' eight months ".

§ 3. In art. 243, para. 9 to create the second and third sentences: "the cancellation may be done within two years, when the industry was initiated to violent crime, and within one year – in the other cases, from the issuance of the Decree on termination of the criminal proceedings. In exceptional cases, the Attorney General may cancel the order for the termination of the criminal proceedings after the expiry of that period. "

§ 4. In art. 334, paragraph 4 Finally a comma and add "and where the Court of first instance has not exercised its power under art. 369. 4. "

§ 5. A new chapter twenty-sixth with new art. 368 and 369:

"Chapter twenty-six

THE HEARING IN THE COURT AT THE REQUEST OF THE ACCUSED

The request of the accused person to the Tribunal

Art. 368. (1) If the pre-trial proceedings of the attraction of a specific person as the culprit for violent crime have expired more than two years and more than one year in the other cases, the defendant may ask for the case to be examined by the Court, except when the attraction is for serious intentional crime that caused the death. In these terms do not include the time during which the case has been in court or has been suspended pursuant to art. 25.

(2) in the case of al. 1 the defendant shall submit an application to the Court of first instance, which requires an immediate trial.

The hearing

Art. 369. (1) the Court shall decide on the application within seven days and single-handedly establishes the grounds under art. 368, para. 1, returns the case to the public prosecutor, giving it an opportunity within three months to submit it for examination to the Court indictment, with a proposal for the release of the accused from criminal responsibility with the imposition of an administrative penalty or an agreement to solve the case, or to terminate criminal proceedings, having informed the Court. In the three-month time limit does not include the period under art. 242, para. 3.

(2) If, on expiry of a period of three months the Prosecutor does not make its powers under para. 1 or the Court does not approve the agreement for the resolution of the case, the Court requires the case and terminated the criminal proceedings against the accused solely in closed session with the definition. After the definition of the criminal proceedings shall continue in respect of accomplices, as well as in respect of other crimes for which the person is attracted to as a culprit.

(3) when the Prosecutor carried out its powers under para. 1, but the pre-trial proceedings have been substantial violations of procedural rules, the court solely in closed session terminates proceedings and returned the case to the Prosecutor for elimination of violations and bringing the case to court within one month.

(4) If, within the period referred to in paragraph 1. 3 the Prosecutor did not bring the case to court or essential infringements of the procedural rules are not removed, or admitted new single court in closed session terminates the criminal proceedings against the accused with a definition.

(5) the acts of the Court at para. 2 and 4 are final. "

§ 6. In art. 405, para. 1 item 3 is created:

"3. with factual and legal complexity, entrusted to them by the administrative head of the district military prosecutor's Office."

§ 7. In art. 419 creates new al. 2:

"(2) the definitions of the Court under art. 369. 5 subject to inspection under the terms of this chapter pursuant to art. 422, para. 1, item 1 – 3, as well as significant procedural violations admitted rules. "

The law was adopted by the 42nd National Assembly on August 1, 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

6225

Related Laws