The father – Damian A. – is also charged with fornication.
According to the prosecutor’s office, he and his son Damyan I. raped the victim over a long period. She lived with her mother in the home of the older defendant in a village in Varna.
The lawyers of the two asked for lighter measures. Damian I.’s defense pointed out that he did not commit the acts, the girl was like a sister to him. He himself has a wife and children, is unconvicted, has a permanent address and a place of work. The procedural representative of Damian A. said that the data in the case does not establish a danger of hiding or committing a crime.
The representative of the prosecution considers that there is the minimum amount of evidence necessary to make a reasonable assumption about the commission of the crime. During her questioning, the victim unequivocally indicated who the perpetrator was and that it was a multiple act. A forensic medical examination shows that she was subjected to violence.
The appellate court considered that the two men were brought to criminal responsibility for crimes against the sexual integrity of a minor, carried out over a long period of 4 years.
The assumption of the authorship of the acts is substantiated by the one-way voice evidence and the conclusions of the forensic medical examinations. The danger of absconding and committing a crime when a pretrial detention measure is initially taken is assumed by the law in view of the severity of the prescribed punishment. For the rape of a minor, the Penal Code provides imprisonment from 10 to 20 years, upon proof of guilt.
The personal data of the accused cannot be opposed to the conclusion of a high public danger of both the act and the perpetrators. The fact that the victim was removed from her home does not reduce the risks of committing a crime. That is why it is necessary for both defendants to be remanded in custody, decided the Court of Appeal – Varna.
The determinations are not subject to appeal.
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