Court of Appeal – Burgas upheld the measure of remand “in custody” of a defendant for involvement in an organized criminal organization and for the distribution of drugs in certain quantities.
HK is brought to criminal liability because in the period from the beginning of January 2024 to the middle of March 2024. in the city of Burgas he conspired with ST, including, in a city -city of Sofia, on the main road E85, up to the turn for the village of Pamukchii in the direction of the city of Stara Zagora, under conditions of continuous crime and dangerous relapse, he distributed methamphetamine, with a total net quantity of 2,265.404 grams, with a total value of BGN 158,578.28.
As defendants in the same case, three other people – NN, ST. and Zh.
This is a second appellate review of the lawfulness of detaining the accused. According to the appellate judges, there is currently no reason to change the remand order.
It has not been beyond reasonable doubt that the detainee HK committed the crimes for which he is charged. The investigation of the case continues, a lot of new evidence has been collected, which helps to show how difficult it is in the alleged activity, the subject of the accusation.
The duration of the defendant’s detention, which was established at approximately four and a half months, remains within the “reasonable time” according to Article 5 § 3 of the European Convention on Human Rights.
The nature and seriousness of the investigated criminal activities, the data in the case of well-organized activity by several supporters in the distribution of high-risk narcotic substances in particularly large quantities – methamphetamine, as well as the legal history of the burden of the a person among the signs that the court accepts at this stage as a sign of a real risk of committing a crime.
Therefore, the appeal panel considers that it is not possible at this time to justify the need to change the stricter pre-trial detention measure against HK
Regarding the defendant’s complaints, also maintained by his defense counsel, regarding his deteriorating health condition, the court says that they were correctly assessed in the first instance as unfounded. . The Law on Execution of Penalties and Custody / ZINZS/ regulates a special order according to which, if necessary, medical assistance can be provided by placing the detainee in a special medical facility.
It is also possible, if hospital treatment is required, that the persons detained in the detention centers can be placed in a medical facility for hospital care, where the investigative body, the relevant prosecutor or the court notice immediately.
The decision of the Court of Appeal – Burgas, which confirmed the action in the first instance, opposed the request of the accused HK
