Studia Iuris

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Termination of Legal Proceedings Pursuant to art. 249 (2) CPC and the Term Under art. 63 (4)
(Plovdiv University Press, 2024-05-06) Georgiev, Tervel
In the article, the view is developed that when calculating the term under Art. 63 (4) of the Criminal Procedure Code, the time during which the case was in the judicial phase should not be taken into account in cases where, with an effective ruling, the court terminated the legal proceedings and returned the case to the prosecutor due to significant procedural violations committed during the pre-trial proceedings. The position is argued that ID No. 1/2002 of the General meeting of the Criminal board of the Supreme Court should be considered to have lost its meaning. The main idea advocated is that the proposed understanding of the law would achieve the legal protection and disciplinary effect of the norm of Art. 63 (4) of the Criminal Procedure Code, and the up-to-date established practice of the application of the provision should be decisively abandoned.