2024-08-27 18:29:26
The Varna Court of Appeal confirmed the most severe measure of restraint taken by the District Court in Dobrich in relation to a person accused of possession for the purpose of distribution of high-risk narcotic substances.
Emil Ya. was brought to criminal responsibility for an act committed on August 12 in Balchik under the conditions of a dangerous relapse. 2 grams of marijuana were found in his home. There are testimonies of witnesses who claim that they obtained marijuana and “crystals” from the accused.
The defense considers detention in custody to be an excessively harsh measure, inconsistent with the facts of the case. The lawyer believes that the first instance did not take into account his illness, which is incompatible with the regime in custody. With regard to the danger of committing a crime, his client has reached an internal conviction that there should be no wrongful conduct.
The representative of the Appellate Prosecutor’s Office accepts that the evidence substantiates the assumption of authorship. There is a danger that the accused will both commit a crime and abscond. It is not appropriate for him to be under house arrest because the act was committed in his home. Emil J. was released from prison and soon after he committed the crime under investigation, the prosecution pointed out.
The District Court of Dobrich considered the relevant prerequisites and made a correct decision on the measure of non-refoulement, the Varna Court of Appeal noted in its ruling. The data that can justify the assumption of the accused’s complicity is sufficient. The danger that he will commit a crime is not inferred only from the fact that the law assumes it when the act is of dangerous recurrence. In support of this risk are his numerous previous convictions, which testify to a variety of criminal habits and attitudes persistently linked to narcotics. The data on the personality of the 47-year-old man are also negative. His health complaints are several years old, and have accompanied his previous detentions and the serving of “imprisonment” sentences. There is currently no indication of his condition deteriorating. Therefore, there is no reason to take him lightly measure of procedural coercion.
The decision of the Court of Appeal – Varna is not subject to appeal