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The Plovdiv Court of Appeal upheld the ruling of the Kardzhali District Court, which ended the judicial process in the accident case, with the participation of Lyutvi Mestan
Lyutvi Ahmed Mestan was born in the village of Chorbadjiysko. He graduated in Bulgarian philology at, near the town of Zagorsko, Kardzhali region, caused the death of a 6-month-old baby.
The case was returned to the District Prosecutor’s Office – Kardzhali for the elimination of significant violations of the procedural rules committed in the course of the pre-trial proceedings. This was announced by the press center of the Plovdiv Judicial Chamber.
The case in the Plovdiv Court of Appeal was started at the protest of the Kardzhali District Prosecutor’s Office. The defendants in the case are Yu.A. and LM Each of them was accused that on April 14, 2019, at the crossing of the village of Zagorsko, Kardzhali district, while driving, each of them violated traffic rules and in conditions of independent complicity with the another was the death of a six-month-old baby.
The Plovdiv Court of Appeal shares the Kardzhali District Court’s arguments that significant violations of procedural rules were committed in the course of the pre-trial proceedings, resulting in a violation of the rights of the victims. First of all, it concerns the mother and brother of the deceased girl, who were represented by lawyers who were also lawyers for the father, the defendant Yu.A. This is a ground for disqualification. The brother was not assigned a special representative, an attorney, despite his interests conflicting with those of his father, the defendant Yu.A.
The Plovdiv Court of Appeal has ruled that the pre-trial bodies have not fully established the circle of victims. The deceased baby has grandparents who can also claim to have suffered non-pecuniary damage. The decision of the Plovdiv Court of Appeal is final.
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