Maria Dimitrova Government Agent Ministry of Justice Bulgaria

1. Conditions and procedure for reopening Judgment of the ECHR which finds a violation of the Convention and is of significant importance for the criminal proceedings (Article 422(1)(4) of the Code of Criminal Procedure); The Prosecutor General is empowered to decide whether to request reopening; Deadline: one month after the Prosecutor General becomes aware of the ECHR judgment; Supreme Court of Cassation decides whether to grant reopening;

Conditions and procedure for reopening In case of reopening - suspension of the execution of the sentence when the ECHR judgment is in favour of the convicted; The SCC can quash the final decision in the criminal proceedings and send back the case (to the lower court or the prosecutor); amend the final decision when in favour of the applicant; Covers only criminal proceedings, administrative-penal proceedings are not covered; No specific procedure, general rules for reopening apply.

2. Difficulties Discretionary power of the Prosecutor General: problematic (the prosecutor as a party to the criminal proceedings; no possibility for the applicant to turn to the court); Deadline (from the date when the Prosecutor General became aware) – issues with legal certainty; partial solution: the Government Agent sends the judgment to the Prosecutor’s Office; Issues related to the reformatio in peius – no specific provisions regulating the matter; potential repercussions on the right to conditional release or to obtain rehabilitation in cases of reopening following a violation of Article 6: example Petyo Popov.

Difficulties Possible repercussions on the statute of limitations – leading to impunity. In cases of a violation of Article 6: conviction, reopening, termination on the grounds of becoming time-barred for the absolute statute of limitations had expired - Aliykov. In cases of a violation of Articles 2 and 3: reopening of the criminal proceedings but impossibility to convict due to proceedings being time-barred. Specific rules are necessary.

4. Positive examples Dimitrova and Others v. Bulgaria: violation of Article 2, reopening, giving a more serious qualification of the crime, thus avoiding the risk of termination as time- barred; Paraskeva Todorova v. Bulgaria: violation of Article 14 in relation to Article 6 (discrimination for the domestic court decided to order effective serving of the sentence due to the Roma origin of the applicant); reopening, quashing of the conviction and ordering the suspension of the sentence; pending proceedings for compensation for the time spent in prison.

5. Ne bis in idem What to do when the Court has found a violation of Article 4 of Protocol 7? Tsonyo Tsonev v. Bulgaria (no.2); Violations of Article 6 § 3 and Article 4 of Protocol 7; In respect of Article 4 of P7 – administrative-penal proceedings for disturbing public order which ended with a fine and subsequent criminal proceedings for inflicting bodily harm which ended with imprisonment; Reopening of the criminal proceedings for correcting the violation of Article 6 § 3 – problematic;

THANK YOU!