The procedural problems of the retortion Cover Image

Процесуални проблеми на реторсията
The procedural problems of the retortion

Author(s): Georgi Mitov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: retortion; private prosecution; liberation from punishment; individualization of punishment; facts; subject to proving

Summary/Abstract: Retortion is an institute of substantive Criminal law, which explains the lack of procedural rulesfor its application. It leads to some complicated procedural problems in the application of the law concerning the opposite incrimination, the increased scope of facts, subject to proving, the breach of the principle of the individualization of the punishment and other principles of criminal procedure (right to defense, competitiveness, the internal conviction of the magistrates), as well as the right of the court to free both perpetrators from punishment. The procedural consequences, following the application of the retortion by the court and leading to the preclusion of the right to seek criminal responsibility for the opposite criminal act, the deprivation of the initial complainant to make use of the private prosecution and receive compensation of the costs of the case are reviewed. A proposal de lege ferenda is made to introduce in the Criminal Code the formal request of the defendant to be liberated from punishment.

  • Issue Year: 14/2017
  • Issue No: 1
  • Page Range: 21-27
  • Page Count: 7
  • Language: Bulgarian