Установяване на основанията за възобновяване на наказателни дела
Establishment of the Grounds for Reopening of the Criminal Proceedings

Summary/Abstract: The correct establishment of the grounds as a preliminary stage is of paramount importance to the efficiency of reopening criminal proceedings as control ones. The Criminal Procedure Code (CPC) does not provide exhaustive regulation thereof. That necessitates a more thorough examination of this important matter. Detailed elaboration is presented of the various hypotheses of establishment through an effective sentence, and where no sentence can be pronounced – through investigation into the circumstances under Art. 422, para. 1, subparas 1 and 2 CPC. Consideration is also given to the available methods of investigation and the body competent to identify those circumstances and evidence which were unknown to the court that has pronounced the sentence, judgement, ruling or order, and are essential to the case – Art. 422, para. 1, subpara. 3 CPC.

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