On the need for war-time special rules governing the examination of cases under the jurisdiction of military courts Cover Image

За необходимостта от военновременни особени правила за разглеждане на дела, подсъдни на военните съдилища
On the need for war-time special rules governing the examination of cases under the jurisdiction of military courts

Author(s): Nivelin Nachev
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Академия на Министерство на вътрешните работи
Keywords: wartime; armed conflict; state of public emergency; criminal proceedings

Summary/Abstract: The use of military force to resolve contradictions continues to be part of the international relations. Armed conflicts cause powerful negative impacts on social relations, which cannot be neutralized without strengthening criminal justice response and speeding up and simplifying the procedures for its implementation. The specificity of military service in wartime requires the existence of an adequate set of measures for enhanced, speedy and effective criminal justice protection of the military order and discipline. Until 1952 the Bulgarian legislator consistently distinguishes the conditions of wartime from the usual conditions in which the administration of justice takes place and developes wartime procedural norms. However, in modern Bulgarian legislation, the problems of the wartime criminal process are ignored and there is an urgent need to develope wartime norms regarding special rules for examining cases tried by military courts. These norms should be consistent with the rules of International humanitarian law, International human rights law and International criminal law. In their creation, the four different approaches to the wartime criminal proceedings adopted in the legislation of other countries should be studied and analyzed.

  • Issue Year: 2024
  • Issue No: 34
  • Page Range: 75-87
  • Page Count: 13
  • Language: Bulgarian