Court of Appeals – Burgas confirmed a remand measure “detention in custody” against an accused of distribution of methamphetamine for over BGN 150,000.
N.N. from the city of Sofia has been brought as a defendant in pre-trial proceedings initiated at the beginning of 2024 for organizing and leading a criminal group – a structured permanent association of three persons with the aim of committing crimes in a concerted manner on the territory of Bulgaria, Burgas region according to Art. 354a, para. 1 of the Criminal Code, /possession and distribution of narcotic substances/ for which the punishment of “imprisonment” is provided for more than three years, and the group was created for a profit.
N.N. was arrested for the fact that on June 6, 2024 on the main road E85 from AM Trakia in the direction of the city of Stara Zagora to the turnoff for the village of Pamukchii, in complicity with H.K., acting as a perpetrator, without a proper permit, distributed high-risk narcotic substances, namely methamphetamine, with a total weight of 2,262.923 grams on total value BGN 158,404.61 – crime under Art. 354a, para. 2, second sentence, first sentence and item 4, para. 1, ex. 1 – vo, proposal five, cf. art. 20, para. 2 of the Criminal Code.
The accused went into hiding and was declared a nationwide wanted man, as of July 23, 2024. was detained by the authorities of the Ministry of Internal Affairs in the city of Sofia.
The district court in the city of Burgas took a measure of remand against N.N., “detention in custody”, which the accused appealed to the appellate court.
The judgment of the appellate judges is that the appeal filed is unfounded. The appellate panel shared the conclusions of the supervised instance that, in relation to the accused, all the prerequisites provided for in Article 63 paragraph 1 of the Criminal Procedure Code for taking the most severe measure of non-abortion are present.
The court indicated that from the evidence collected so far, a conclusion can be drawn about the probable participation of NN in the commission of the crime for which he is accused, adding that from the scope of the present proceedings, questions regarding guilt and the responsibility of the accused, which are to be possibly raised and decided in an open adversarial process at a later stage.
There is also the real danger of absconding and committing another crime if he is not taken into custody.
“The specific crime is distinguished by a very high degree of public danger, which inevitably reflects on the assessment of the personal danger of the accused, increasing it,” the court’s ruling states.
According to the appellate panel, at this time the risk of the accused committing another crime by putting pressure on witnesses or other suspects in order to obstruct the investigation, as well as committing another crime of the type for which he is charged – distribution of narcotic substances – is too great. tall and immediate.
The court found the remand measure “in custody” to be necessary, appropriate and sufficient to ensure the achievement of all the objectives of the remand measures and confirmed the court act of the first instance.
The decision of the Court of Appeal – Burgas is final.
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