Ограничаване на приложното поле на разпоредителното заседание по НПК
Limiting the Scope of Application of the Dispositional Hearing Under the Criminal Procedure Code

Author(s): Gabriel Rusev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: dispositional hearing; criminal procedure; amendment of the Criminal Procedure Code
Summary/Abstract: The report includes a discussion and analysis of the field of application of the dispositional hearing under the Criminal Procedure Code (CPC), introduced by the amendment of the provision of Art. 248 of the CPC (State Gazette, Issue 63 of 2017, in force since 05.11.2017), and a comparison of the positive and negative consequences of its holding. The possibility of carrying out the differentiated procedures provided for in the CPC, after the dispositional hearing has been held, has been considered. A comparative analysis and comparison with the previous legal framework of the dispositional hearing was made. Cases were considered where the scope of the dispositional hearing was initially limited and an alternative was proposed to use another legislative technique. The possibility of taking another, different legislative approach is justified.

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