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The Varna Court of Appeal for the third time refused a lighter measure of remand for a person accused of drug distribution in Silistra.
The press service of the court recalls that Hristiyan I. was brought to criminal responsibility for distribution of heroin and methamphetamine under the conditions of a continuing crime – between November 2022 and January of this year. At the beginning of April, a second charge was brought against him – for incitement to perjury.
The defense of the 29-year-old accused believes that his arrest is illegal and inexpedient considering that more than 3 months have passed and numerous procedural and investigative actions have been carried out. His defender would not hide because he had a civil marriage a few days ago.
The representative of the Appellate Prosecutor’s Office pointed out that the criminal activity involved many persons and a rather long period. The detention of Hristiyan I. is not unreasonable considering the nature of the criminal activity and its investigation.
The Court of Appeal upheld the refusal of the Silistra District Court to modify the defendant’s remand order. And at the present moment there is a reasonable assumption that he is complicit in the criminal activity. He was arrested on January 19 for distribution of high-risk narcotics, committed as part of a continuing crime.
No evidence has been submitted that would shake the opinion of the existence of a danger of absconding or committing a crime. There are even new circumstances supporting the correctness of the decision taken. The real risk of committing a crime accepted by the courts in the previous judgments is visible through the raising of a new accusation – for an act committed after the initiation of the criminal proceedings and related to it. New evidence reveals the high level of organization and conspiracy, including through the possibilities of the Internet for communication and for operating with realized illegal income from the broadcasting activity. Based on them, a decree was drawn up for the attraction and laundering of money acquired through a serious intentional crime.
These circumstances reveal the high public danger of both the act and the perpetrator. This leads to the conclusion that any measure other than detention would not serve the purposes of the law. The concluded marriage does not reduce the risks of hiding and committing a crime, the appellate authority pointed out.
The decision of the District Court in Silistra to set a two-month period in which the accused will be deprived of the possibility to request a modification of the remand measure is correct. The abuse of the right to appeal complicates and delays the work on the investigation, the court panel reasoned.
The decision of the Court of Appeal – Varna is not subject to appeal.
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Tags: Petel .bg news Court Appeal refused change pretrial detention person accused drug distribution Varna
