SOME PROBLEMS ABOUT JUDICIAL REVIEW OF THE REFUSAL TO INITIATE CRIMINAL PROCEEDINGS

Author

Tzvetomir Panchev

Annotation

This article discusses current amendments to the Criminal Procedure Code (in force as of June 2023), which introduced the possibility of an appeal against it to the relevant court of first instance for refusal to initiate pre-trial proceedings.

The author defends the thesis that the analogy between the judicial review of the decrees for termination of criminal proceedings and the judicial review of the refusal of the prosecutorto initiate pre-trial proceedings is inadmissible.

In addition, the case-law of the European Court of Human Rights on conducting an effective formal investigation is examined.

Keywords

sufficient data, initiation of pre-trial procedure, judicial control, investigation actions, criminal procedure