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The Plovdiv Court of Appeal upheld the ruling of the Kardzhali District Court, which ended the court proceedings and returned the case to the Kardzhali District Prosecutor’s Office for the removal of significant procedural rules violations in the course of the prior proceedings to the trial. 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 region, while driving, each of them violated traffic regulations and, under conditions of complicity independent with the other, caused 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, it concerns the mother and brother BA 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.
Brother BA was not appointed a special representative, a lawyer, despite his interests in conflict with those of his father, the defendant Yu. TO.
The Plovdiv Court of Appeal ruled that the preliminary proceedings bodies had 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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