Някои въпроси относно произнасянето на първоинстанционния съд по гражданския иск при прекратяване на наказателното производство поради погасяване на наказателната отговорност (размисли по повод т. р. № 1 – 2013 – ОСНК)

Abstract

Interpretative Decision No. 1/2013 of the Criminal College of the Supreme Court of Cassation stipulates that “… the court shall render a decision on the civil claim, accepted for joint consideration within the penal procedure, when, in the course of the first instance proceedings, before the verdict is pronounced, any of the grounds under Art. 79(1) of the Bulgarian Criminal Code occurs (death of the perpetrator, expiration of the term of limitation, amnesty)”. This decision of the Criminal College raises complex theoretical and practical questions related to the rules for hearing the civil claim, considering the criminal nature of the proceedings, the functions of the parties, the participation of the perpetrator’s inheritors (where the perpetrator has died), how their rights and legitimate interests will be guaranteed, and other questions that the Interpretative Decision failed to answer. Following an analysis of the established problems, a proposal for their solution is made through official referral of the civil claim to the civil court as to continue the court proceedings after the criminal case has been discontinued.