ЗА ,,ИЗКЛЮЧИТЕЛНИЯ СЛУЧАЙ“ ПО ЧЛ. 386, АЛ. 2 НПК ПРИ ЗАДЪРЖАНЕТО ПОД СТРАЖА НА НЕПЪЛНОЛЕТНИ ОБВИНЯЕМИ
FOR THE ,,EXCEPTIONAL CASE" UNDER ART. 386, PARA. 2 OF THE CRIMINAL PROCEDURE CODE IN THE DETENTION IN CUSTODY OF JUVENILE DEFENDANTS

Summary/Abstract: The article aims to consider the concept of ,,exceptional case" within the meaning of Art. 386, para. 2 of the Criminal Procedure Code (CPC) in the custody of juvenile defendants. In this regard, some important international instruments (the Beijing Rules, the Tokyo Rules, General Commentary No. 24, etc.) have been discussed, defining the most severe measure of restraint as a last resort of procedural coercion against the person of minors. The practice of the courts is analyzed and hypotheses of exceptional cases are deduced. It is concluded that the assessment under Art. 386, para. 2 of the CPC is made for each specific case, including when deciding on the validity and necessity of continuing the detention of a minor. In conclusion, attention is drawn to weaknesses in the legal framework and the judicial practice, including the lack of transposition of Art. 10 of Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.

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