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Bulgaria / Supreme Cassation Court / 1524/2014


Policy area:
Information society
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Cassation Court
Decision date:

Key facts of the case:

A sentenced person, Mr V.M.B., requested re-opening the criminal proceedings which led to his sentence of three years of imprisonment. He claimed that, among others, the court committed substantial procedural violations, including violations of his right of defence. One part of them was an impugned investigative action of recognition, where Mr B. was not provided with an attorney, although he was not officially accused yet, and thus his rights were violated.

Outcome of the case:

The court found no grounds to re-open the proceedings. The authorities were not obliged to constitute Mr B. as accused before carrying out the investigative action in question. On the contrary, obligating the authorities to accuse a person before doing any investigative action would infringe upon this person's private sphere.