Did the Operative Court Hearing Overcome the Problems associated with the Unjustified Return of Cases for Further Investigation and Compliance with the Principle of Closing Criminal Proceedings Within a Reasonable Time? Cover Image
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Разпоредителното съдебно заседание преодоля ли проблемите, с8вързани с неоправданото връщане на делата за доразслеване и спазването на принципа за приключване на наказателните производства в разумни срокове?
Did the Operative Court Hearing Overcome the Problems associated with the Unjustified Return of Cases for Further Investigation and Compliance with the Principle of Closing Criminal Proceedings Within a Reasonable Time?

Author(s): Ivan Ranchev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: changes in CCP; operative court hearing; reasonable time
Summary/Abstract: The object of the current article is the follow-up of the changes in Criminal Procedure Code with the introduction of the institute at the operative court hearing. Attention is also paid to the problems encountered in the case law in applying it as a connecting stage to the pretrial and judicial phase of criminal proceedings. An analysis is made of the trends in the return of the prosecutor's case for further investigation before and after the introduction of this institute on a national scale and in the Plovdiv Court of Appeal. The author has also formulated his conclusions on the results of the legislative change aimed at reducing the unjustifiably returned cases to the prosecutor for further investigation and the completion of criminal proceedings within a reasonable time.