What are the possibilities for resuming the criminal case at the request of a convict in absentia


In case of finding that the right of personal involvement of the accused person (the defendant) is impaired as a result of unlawful procedural activity of the competent authorities - lack of duly notification, violated summons procedure, abstention in absentia under Art. 269, para. 3 of the Code of Criminal Procedure or without the provision of a legal representative exercising a lawyer profession, according to the SCC, the convicted person would legitimately rely on violations committed with a negative impact on the rights of defense. The case-law accepts that a procedural mechanism for their rehabilitation is precisely the resumption of criminal proceedings and the related annulment of the vitiated enforceable judicial act and the return of the criminal case for re-examination at the stage when the commencement of the absolution procedure. On the other hand, according to the Bulgarian Supreme Judges, the fact that the adjudication procedure was concluded in the absence of the defendant does not legitimize him as a person in absentia, and he has no right to seek annulment.

 

 



«Back
 

What are the possibilities for resuming the criminal case at the request of a convict in absentia What are the possibilities for resuming the criminal case at the request of a convict in absentia