The reasons accompanying a criminal judgment must meet the requirements of Articles 14, 18, 107(2) and 305(3) of the Bulgarian Code of Criminal Procedure, which govern their content. Under Article 305(3) and consistent case law, the reasons must set out the court\u2019s findings: which facts it considers established and the evidence on which it relies. Where evidence conflicts, the court must explain why it accepts some evidence and rejects other evidence. The reasons must show how and why the judge reached a conclusion on the questions the court decides when delivering judgment under Article 301(1) and (2) of the Code. They are therefore an essential, mandatory part of the judgment. Failure to give reasons in accordance with these requirements is a material procedural violation. An absence of reasons also restricts the right of defence. To exercise that right effectively, the defence must know precisely which facts the court accepted, why it rejected particular evidence and why it reached its decision.<\/p>\n
The duty to give reasons for judicial decisions is enshrined in Article 121(4) of the Constitution of the Republic of Bulgaria. Requiring judges to explain how they reached their conclusions safeguards the right to a fair trial under Article 6 of the European Convention on Human Rights.<\/p>\n
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This article does not provide a legal opinion or advice about any particular person or situation. For legal assistance with an individual case, consult a lawyer practising in criminal law.<\/em>
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