The Varna Court of Appeal confirmed the refusal of the District Court in Dobrich to change the measure of remand for a person accused of possession with the purpose of distributing a narcotic substance from custody to a lighter one. Atanas J. is accused of possessing more than 68 grams of marijuana. The drug was distributed in polyethylene bags and hidden behind a substation, the press service of the court reported.
The request for amendment of the measure is based on allegations of deteriorating health. The forensic medical examination appointed by the first instance shows that the man has an old injury in the knee, which is subject to treatment through a planned operation. His condition is compatible with the conditions of arrest, the experts concluded.
The Court of Appeal agrees with the decision of the District Court, which refers to the existence of a reasonable assumption about the authorship of the act, risks of hiding and committing a crime, as well as the absence of valid reasons of a healthy nature. The evidence is sufficient to raise the reasonable suspicion that Atanas J. is complicit in the criminal activity under investigation. The risks of absconding and committing a crime are derived from the person’s previous criminal record and from the fact that the incriminated act was committed soon after effectively serving a previous sentence. His behavior during detention is also taken into account. All these facts outline the accused as a person with increased public danger.
At the same time, the forensic medical examination did not establish the need for emergency measures regarding Atanas J.’s health, nor did the stay in the detention center worsen his condition.
The appellate instance found no grounds to grant the request for a lighter measure and found the appeal against the ruling of the District Court in Dobrich unfounded. The judgment of the Court of Appeal is final.
Tags: drug dealer remains custody decision court Dobrich confirmed
