CORRELATION BETWEEN THE GROUNDS FOR DIFFERENTIATION OF CRIMINAL PROCEDURE AND THE NORMATIVE MECHANISMS FOR ITS IMPLEMENTATION Cover Image
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ВЗАИМОВРЪЗКА МЕЖДУ ОСНОВАНИЯТА ЗА ДИФЕРЕНЦИАЦИЯТА НА НАКАЗАТЕЛНИЯ ПРОЦЕС И НОРМАТИВНИТЕ МЕХАНИЗМИ ЗА НЕЙНОТО ОСЪЩЕСТВЯВАНЕ
CORRELATION BETWEEN THE GROUNDS FOR DIFFERENTIATION OF CRIMINAL PROCEDURE AND THE NORMATIVE MECHANISMS FOR ITS IMPLEMENTATION

Author(s): Yanko Roychev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: differentiated procedures; differentiation of criminal procedure; plea agreement; abbreviated court investigation; individualisation of punishment

Summary/Abstract: Some of the debatable manifestations of the correlation between the grounds for introducing differentiated procedures in criminal cases and the normative approach at their establishing, have been examined. Emphasis has been placed on the differentiated procedures, as a result of which substantive legal consequences arise, related to the imposition of a relatively lighter punishment – the abbreviated court investigation under Art. 371, item 2 of the Criminal Procedure Code, and the plea agreement. The issues related to the limitations in the field of application of these special rules and the improvement of the powers of the state procedural authorities in connection with their application, have been analysed. Various approaches have been proposed regarding the order of determination of the punishment.

  • Issue Year: 2023
  • Issue No: XXII
  • Page Range: 36-116
  • Page Count: 81
  • Language: Bulgarian