A defendant may admit all the facts in the indictment

Under point 8.3 of Interpretative Decision No. 1 of 06.04.2009 of the General Assembly of the Criminal Chamber of the Bulgarian Supreme Court of Cassation, a defendant’s statement under Article 371(2) (item 2) of the Code of Criminal Procedure cannot be withdrawn once the court has made its order under Article 372(4). On the scope of the defence in this procedure the Court took the following position: “The defence open to the accused remains confined to the facts admitted as set out in the indictment. Within those bounds the defence may establish and rely on circumstances modifying or extinguishing legal consequences, relevant to the applicable substantive law, the conditions for criminal liability and its content. This includes submissions on the need to apply relevant general doctrines of criminal law; arguments concerning the objective and subjective elements of the offence and the resulting legal classification under the special provisions of the Criminal Code; objections based on the absence of criminal responsibility or expiry of the limitation period; and submissions on tailoring the sanction to the individual case. All this is possible, however, only insofar as it is compatible with the facts set out in the indictment and does not substantially alter them.” Point 8.2 defines the scope of appellate review: the appellate court may not decide the case on a factual basis different from that set out in the indictment or make findings incompatible with the admitted facts. Objections based on insufficient evidence or lack of factual support for the findings therefore have no place on appeal in proceedings conducted under Article 371, item 2, of the Code.

If you have questions about criminal law, it is advisable to consult a lawyer practising in this area.