Въззивни правомощия на касационния съд по чл. 354, ал. 5, изр. 2 НПК
Appellate Powers of the Court of Cassation under Article 354, Paragraph 5, Sentence 2 of the Criminal Procedure Code

Summary/Abstract: In compliance with the amendments of the Criminal Procedure Code, adopted in 2011, if the Supreme Court of Cassation, during the cassation review, had remitted a case to the lower appellate court twice, in further (third) hearings of the same case the Supreme Court of Cassation shall have appellate powers (Art. 354, para. 5, sent. 2 of the Criminal Procedure Code). These amendments raise many theoretical and practical problems when discussed in the context of the existing model of appellate and cassation proceedings. Some of them distort basic principles of our penal system, affect the rights and fundamental freedoms of citizens and do not achieve the legal aim to speed up the finishing of the penal procedure with a judicial act that has entered into force. This calls in question the efficiency of the discussed appellate powers and, hence, the need of there existence in the cassation proceedings.

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