Problems Related to Return of the Case When It Is in the Court Phase to Remove Lapses and Violations
Problems Related to Return of the Case When It Is in the Court Phase to Remove Lapses and Violations

Summary/Abstract: This article examines the powers of the appellate and cassation instances to overturn sentences or return cases for a new trial by the court of first instance, according to the Criminal Procedure Code (CPC) of the Republic of Bulgaria, subject to certain prerequisites. The author comments on individual penal provisions and their practical application in the court phase of the proceedings. The author concludes that in these cases of lack of reasons and open violations in the course of the proceedings the case can be considered by the appellate instance as a „second first instance”. The current legal framework at the moment provides this opportunity only in case of repeated violation within the meaning of Art. 348, para. 3 of the CPC. An unacceptable extension of the term of the court phase of the criminal proceedings and exceeding the reasonable term for its completion, and hence the violation of the right to defense of the parties in the criminal proceedings, was established as a problem.

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