Процесуални проблеми в производството по дела за престъпления по член 227б НК
Procedural Problems in Proceedings on Criminal Trials According to Art. 227b of the Penal Code

Summary/Abstract: In the course of the inquiry and consideration of a case under article 227b of the Penal Code some procedural problems arise concerning the process of prove, the bringing of a civil suit and the re-opening of the criminal proceedings due to newly discovered circumstances. The body of the inquiry and the prosecutor establish only the suspension of payments on behalf of the debtor and the non-feasance of this fact to the court. They act in accordance with the presumption of article 608, paragraph 2 of the Commercial law, without examining nether the stay is of a temporary nature and whether the estate of the defendant was enough to cover his obligations. The creditor, who has notified the prosecutor, lodges a civil claim in the criminal proceedings. Thus the rights the of other creditors and of the debtor himself are in- fringed. This dual regulation both in the Commercial law and in the Penal Code often leads in practice to discrepant decisions of the civil and criminal courts concerning the state of insolvency and the initial date of the suspension of payments

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