Спиране на наказателното производство от въззивния съд
Suspension of Criminal Proceedings by the Appellate Court

Summary/Abstract: In compliance with Art. 334, item 5 of the Criminal Procedure Code, the appellate court may suspend the penal proceedings in the cases falling under the provisions of Art. 25. The suspension of penal proceedings, ruled by the appellate court, is its general authority which does not depend on the nature of the respective stage of the procedings. The article discusses the various grounds for suspension, as provided for in Art. 25 of the Code, their content and the manner of their determination in the appellate proceedings. It is argued that the ground stipulated in Art. 26 of the Criminal Procedure Code is not a separate ground for suspension of criminal proceedings and that it only puts an additional requirement to ensure the revealing of the objective truth regarding crimes committed in complicity. In the cases under Art. 25, items 1 and 3 of the Criminal Procedure Code, when the ground for suspension had occurred before the rendering of the verdict, but the first-instance court had not suspended the proceedings, the appellate court must revoke the verdict and suspend the criminal proceedings. In relation to this, a proposal de lege ferenda to fill this gap in the law was made.

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