The Burgas appellate judges confirmed the legality of the detention of an accused for the robbery of a Norwegian citizen accompanied by moderate bodily injury. The appellate court dismissed the defense’s appeal against the district court’s order dismissing the request for a lesser measure of procedural coercion.
H. M. was brought as an accused for the fact that on June 30, 2024 around 06:25 in the “Sunny Beach” complex, near the “Mystic” bar, took foreign personal belongings – a mobile phone, a mobile phone case, a wallet and the sum of BGN 700, all with a total value of BGN 3355.98, from the possession of JB, a subject of the Kingdom of Norway , with the intention of unlawfully misappropriating them, having used force for this – hit the victim in the left shoulder with a hard object, followed by a fall and loss of consciousness, as the robbery was accompanied by infliction of medium bodily harm – fracture of the left clavicle – a crime under Art. 199, para. 1, item 3 vr. Art. 198, para. 1 NC. The charge is a “serious” crime, as it carries a sentence of imprisonment of five to fifteen years.
Evaluating all the circumstances related to the control of the remand measure, the appellate panel states in its ruling that the well-founded suspicion, as claimed by his defense counsel, of the participation of X. M. in the act for which he is accused, and for which the penalty of imprisonment is provided.
The court shares the opinion that from the data in the case there is no conclusion of a real danger of hiding the accused, but in this case there is still a real danger of committing a crime on his part, if he is not subject to the most severe measure of non-abortion.
In view of the data on the presence of previous criminal activity of the latter, the court considers that the danger of committing a crime, at the current stage of the investigation, is still real.
Currently, the length of detention of H. M. is just over four and a half months and is still within a “reasonable period” according to Art. 5, § 3 of the European Convention on Human Rights, the appellate judges noted.
The appellate court found that there are currently sufficient circumstances to justify the continued detention of the accused person and confirmed the decision of the first instance.
The rendered judicial act is final.
#left #suspect #custody #robbery #Norwegian
What factors should be considered when evaluating the necessity and legality of detainment in legal proceedings?
1. Could you please introduce yourself and provide your expertise on the topic of legal proceedings and detention?
2. Can you explain in detail the circumstances that led to the detainment of the accused individual in this case?
3. How did the first instance court decide on the matter of detainment, and what motivated the defense to appeal this decision?
4. What are the key factors that the Burgas appellate judges took into account when considering the legality of the detainment?
5. What are the potential risks and consequences associated with prolonged detainment without a direct threat of flight or evidence tampering?
6. How does the severity of the crime influence the duration and severity of detainment?
7. How does the concept of proportionality come into play when evaluating the necessity of detainment as a coercive measure?
8. How does international law, specifically the European Convention on Human Rights, impact the legal proceedings and detainment in this case?
9. In your opinion, what role does prior criminal history play in determining the likelihood of committing further crimes and justifying continued detainment?
10. How does the right to a fair trial interact with the need for detainment as a coercive measure?
11. Looking at the overall process, can you share your thoughts on the efficacy of the criminal justice system in Bulgaria and its ability to handle cases like this?
12. What advice would you give to individuals who find themselves in a similar situation, both in terms of their legal rights and strategies for navigating the criminal justice system?
