Maximum Duration of the Measures of Remand Detention in Custody and House Arrest in Criminal Cases Cover Image

Максималната продължителност на мерките за неотклонение задържане под стража и домашен арест по наказателни дела
Maximum Duration of the Measures of Remand Detention in Custody and House Arrest in Criminal Cases

Author(s): Ekaterina Salkova, Yanko Roychev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: detention in custody; house arrest; maximum duration of detention; Art. 63; para. 4 of the Criminal Procedure Code; criminal procedure; accused party; measures of remand; procedural coercive measures

Summary/Abstract: The maximum duration of the detention in custody and house arrest measures in criminal cases is researched. A number of issues have been considered regarding the calculation of the term and its initial and final moments, including the hypotheses related to the returning of the case to the prosecutor by the court, the taking of the measures against an accused party detained on different grounds, as well as in view of a modification of the legal qualification of the indictment, establishing a different maximum duration under Art. 63, para. 4 of the Criminal Procedure Code. An emphasis has been placed on the disputable aspect of the duration of the period in regard to underage accused parties. A necessity to introduce a maximum period of detention in custody and house arrest, including also the court phase of the trial, has been acknowledged.

  • Issue Year: 19/2019
  • Issue No: 2
  • Page Range: 138-162
  • Page Count: 25
  • Language: Bulgarian