Autor: LYUBOSLAV LYUBENOV
Publicat în: Challenges of the knowledge society (CKS) 2021
Articol disponibil online: aici.
Abstract: In the Bulgarian theory of criminal procedure, the issue of trial and disposal of cases within reasonable time has emerged as relevant. In the first place, therefore, the lack of an objective and thorough study of it testifies. Secondly, it must be said that where it is concerned, this is in so far as it expresses different views on the progress of the process. With all this, however, it is not possible to reach the essence of the question and answer whether the consideration and resolution of cases within a reasonable time is a normative requirement or a principle of criminal proceedings. For this reason, with this report an attempt is made to check theoretically the possibility regulated in Art. 22 of the Bulgarian Criminal Procedure Code to be raised in an independent principle of the Bulgarian criminal proceedings. To achieve this goal, a critical analysis has been made for the compatibility of the envisaged situation, both with some of the main principles of the criminal process and with its tasks, including those institutions that shape its modern democratic image.
Keywords: criminal proceedings, reasonable time, right of protection, European court of Human right, case-law,
criminal law.
