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To a verification by this procedure are subject the sentences and court judgments entered into force, as well as certain orders of court.
It is important to identify and distinguish properly the persons entitled to file a claim for renewal of criminal proceedings.
In accordance with the Criminal codex and article 420, a claim for renewal of criminal proceedings could be initiated by the Regional prosecutor, respectively the Military head of prosecutor’s office, the Chief officer of the specialized prosecutor’s office and in certain circumstances – the State’s General Prosecutor.
Тhe convicted of a crime of a general scope who has not previously been discharged of criminal liability by imposing an administrative punishment on the ground of art. 78a from the Criminal codex, is entitled to claim a request for renewal of criminal proceedings on this sole ground in particular cases (Art. 422, par. 1, 4-6).
It is important to emphasize that the request for renewal does not cease the execution of the sentence unless the prosecutor or the court holds differently.
GROUNDS FOR RENEWAL
Art. 422, par. 1, criminal proceedings is renewed when:
1. some of the evidence on which the sentence, decision, judgment or order of court is based turn out to be non-authentic and false;
2. a judge, member of the jury, prosecutor or an investigator-in-charge has committed a crime in connection with their participation in the criminal procedure;
3. in the course of an investigation new circumstances or evidence is revealed, which have not been previously known by the court held the sentence, decision, judgment or order of the court, and have a significant meaning for the lawsuit;
4. through a decision of the European court of human rights a violation of the European convention of human rights of significant importance for the lawsuit is identified;
5. significant violations have been admitted
6. extradition has been admitted in the case it has been rendered in absentia given a guarantee from the Bulgarian state for renewal of the criminal proceedings – for the crime the extradition has been admitted for.
The abovementioned circumstances are established with final court judgment, and in the cases when a sentence cannot be held – through an investigation.
Another important aspect is the deadline for filing such a claim. It is beyond doubt that on certain grounds filing such a claim is restricted by a particular term, arranged in the law. However, for one of the most common ground – namely the one of revealing new and previously unknown circumstances or evidences of significance for the case itself, there is no such a restriction in terms of deadline, because the convicted by an entered into force sentence or approved by the court Agreement, is able to seise directly the competent regional prosecutor and a new investigation could be аppointed given such an assessment.
In the case of revealing of new circumstances or evidence which have not previously been known by the court held the sentence, judgmenet or order of court, and are of significance for the proceedings,
The current article does not claim to be complete or exhaustive and only aims at outlining the main aspects of the legal institution of renewal of criminal proceedings as well as the personal perception of the author.