Georgiev & Nikolcheva Law Firm offers to its client's consultation, representation and defence at all stages of the criminal process. Whether you are the accused, the victim or the witness, do not hesitate to contact us, as appearing before the police, prosecutor or court without consulting a lawyer can have serious consequences for your personal and property rights.
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Depending on the order of criminal responsibility, crimes are divided into crimes of a general nature and crimes of a private nature:
General criminal cases - to initiate a criminal case of a general nature, an indictment or an agreement by the prosecutor with the defendant must be filed in the competent court following the procedure provided for in the Code of Criminal Procedure. In these cases, the defendant, his defence counsel, the prosecutor and possibly the civil claimant/defendant, the private prosecutor and their attorneys are parties.
Private Criminal Cases - unlike cases of a general nature, private criminal cases are instituted by filing a lawsuit by a victim-private complainant, and the person should claim compensation for material or non-material damage that is direct and the immediate result of a specific crime (libel, insult, etc.).
Given that no preliminary investigation is conducted in this type of cases, there is no prosecutor involved, and the parties are a private prosecutor, a civil claimant, the defendant and their attorneys.
Private Criminal Cases
They are formed by requests, private complaints or private protests:
- proceedings for taking a measure of remand in custody;
- on requests for rehabilitation;
- on proposals for compulsory medical measures under the Health Act;
- on applications for the imposition of a general penalty, etc.
When an authorized body of the public administration considers that there has been unlawful behaviour on the part of legal entities or individuals, the latter initiates administrative criminal proceedings by drawing up an act for establishing an administrative violation, the sanction being imposed by issuing a penal decree in the statutory terms. In case sanctioned individuals or companies decide to defend their rights through an appeal before a competent court, an Administrative Criminal Case shall be instituted:
1. On a complaint by an individual or legal entity against a criminal decree issued by an administrative body (NRA, Labor Inspectorate, Customs Agency, etc.), which imposes an administrative punishment on the applicant for an offence. Participants are the complainant, his attorney and the penal authority and his legal advisor. No prosecutor is called. The first instance in these cases is the respective district court.
2. On a decree of the District Procurement with a proposal for release from criminal responsibility and imposition of administrative punishment on the offender. Such proceedings shall be conducted only in respect of adults, where at the same time there are several conditions referred to in Article 78 "a" of the Criminal code. The defendant and the prosecutor are parties to the case.
3. Under the Decree Against Hooliganism.
