Victim and offender can agree

He fix will be achieved by mediation will lead to exemption from criminal liability, amendments to the PPC

The draft amendment to the Criminal Procedure Code

The victim and the offender can agree and this leads to exemption from criminal liability. This is one of the proposals of the Ministry of Justice in a package of amendments to the Criminal, Criminal Procedure Code and the Law on Execution of Sentences and Detention (ESGDA). They first country to introduce t. Pomegranate. Restorative justice.

Agreement between victim and perpetrator will be possible only if there are the following conditions: First of crime to provide up to three years in prison if deliberately to five years, if by negligence. And if committed by a minor - and thefts (and car), and the destruction or damage to another's property. The second condition is caused material damages to be recovered or secured. And the third - the perpetrator has not been convicted. Expressly stipulates that there is no possibility of agreement as a serious bodily injury or death when the perpetrator was drunk, and in many crimes.

Agreement between victim and offender will be achieved through mediation. The parties may be directed to mediation before initiation of criminal proceedings, as well as every stage of the court or the prosecutor.

"The procedure aims agreement between the perpetrator and the victim, which may include an obligation on the offender to recover damages, a commitment to refrain from certain behavior, treatment, participation in correctional programs and programs impact an apology to the victim and d.r . The victim may negotiate those consequences which most closely meet their needs, "explained the Ministry of Justice.

Mediation will end within two months after the conclusion of a written agreement to be approved by the body turned the victim and perpetrator to negotiations. In this case, criminal proceedings shall be instituted and shall be terminated. The act, which approves the agreement, there is no impact on the final verdict and not subject to appeal and protest.

In PPC states that if within two months of the conclusion of the agreement, the offender fails to fulfill the obligations provided for therein against him to prosecute or terminated resumes.

The amendments to the Criminal Procedure Code explicitly regulates the possibility of making a reference to the ECJ in criminal matters. According recorded in the new art. 492 of the Code it is going "when the validity or interpretation of an act of EU law in the field of police and judicial cooperation in criminal matters or ruling on the validity and interpretation of the measures implementing such an act is important for proper adjudication of the case" . The reference may be made automatically by the courts or at the request of either party. Obliged to inquire of the court in Luxembourg will be only the last resort, while others have the right to withdraw their definition not subject to appeal. The last instance will refuse to consult the Court of Justice if it considers that the question arises clearly and unambiguously from a previous decision of the magistrates in Luxembourg or it believes that the importance and meaning of the provision is so clear that no open to doubt.

Moreover, PPC is recorded that in death, which is a direct consequence of the crime victims are husband, the person with whom the deceased was co-habiting, descendants, ascendants, brothers and sisters, and the dependents of the deceased persons. The rights of the victim is added to this request written confirmation submitted by him alert and be aware of their rights under the Law on Assistance and Financial Compensation to Victims of Crime and the Law on the Protection of Witnesses in Criminal Trials . Moreover, the victim will be entitled to benefit from special protection measures.

They are regulated in a new tab in PPC and will be taken based on an individual assessment of the victim, whose execution was ordered by the investigative and prosecution. A measure of protection as may be questioning the victim to be performed in a specialized room by a person of the same sex or to prevent direct contact between him and the defendant.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg