RS – Kyustendil took a remand measure “Detention in custody” of 14 citizens of Afghanistan and a Bulgarian van driver
District Court – Kyustendil took measures for remand “Detention in custody” in relation to 14 citizens of Afghanistan and a Bulgarian driver of a minibus in which the foreign citizens were traveling. They were brought in by the District Prosecutor’s Office – Kyustendil as defendants for illegal crossing of the border, and the Bulgarian citizen was charged with embezzlement.
From the evidence collected in the case, it is clear that the foreigners committed the crime for which they were charged, for which the punishment of “imprisonment” of up to 5 years is provided. There is also the second prerequisite for taking a remand measure “Detention in custody”, namely: danger of absconding or committing another crime. The accused do not have a residence on the territory of Bulgaria, they have illegally crossed the Bulgarian-Turkish border of the country, therefore the court considers that both cumulative prerequisites for respecting the request of the prosecution are present.
The 14 citizens of Afghanistan were detained on September 1 during an inspection of a Ford light truck, in the area of the border crossing – Oltomantsi.
The determinations of RS – Kyustendil, with which the most severe measure of remand “Detention in custody” was taken in relation to Afghan citizens, are subject to appeal with a private complaint and private protest, before the District Court – Kyustendil.
District Court – Kyustendil granted the prosecution’s request and took a measure of remand “Detention in custody” also regarding the driver of the van in which the foreign nationals were traveling. The 29-year-old G. M. from the Pernik region pleaded guilty, expressed regret and claimed that he was misled by persons unknown to him. The court considers that, from the collected evidence, even though the proceedings are at a very early stage, it is possible to make the legally required reasonable assumption that it was the person brought to criminal responsibility who committed the crime for which he was brought to account. It is a serious intentional crime, for which the law stipulates a penalty of “imprisonment” for a period of 1 to 6 years.
The accused has not been convicted so far and has no forensic evidence. The committed act is of great public danger, which calls for more serious criticism on the part of society, which is why the court finds that there is an increased public danger of the act and at the same time there is a reasonable assumption that the accused is absconding in order to avoid criminal charges. repression, wrote in the reasoning of judge Maya Milenkova.
The ruling is subject to appeal with a private complaint and private protest before the District Court – Kyustendil, within 3 days.