Лицата на военновременна служба и подсъдността на военните съдилища
Persons on wartime service and the jurisdiction of Military courts

Summary/Abstract: Regarding the content of the term „persons on wartime service“ there are significant ambiguities and contradictions that require its clarification. It is necessary to consider the question of when „ wartime service“ begins, because the Criminal Code and the Law on Defense and the Armed Forces of the Republic of Bulgaria give different definitions of „wartime“. It is also necessary to clarify who are the „persons on wartime service“ and what distinguishes them in wartime from the other categories of persons under Art. 396 of the Criminal Procedure Code and Art. 371 of the Criminal Code. A particularly significant problem is the ambiguity regarding the status of persons on wartime service in some structures under Article 50, Paragraph 2 of the Law on Defense and the Armed Forces of the Republic of Bulgaria. This status determines whether these persons can be subject to all or only some crimes under Chapter XIII of the Special Part of the Criminal Code. In addition, in times of „state of war“ and „martial law“ most persons under Article 371 of the Criminal Code become subjects of „military crimes“ and their acts are tried by a military court simultaneously on several grounds, without this is necessary. In order to remove ambiguities and contradictions, an amendment and addition to the existing laws is necessary.

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