Correction of an Obvious Factual Error in Judicial Acts in Criminal Cases
Authors:
Georgi
Mitov
St. Kliment Ohridski University of Sofia; St. Cyril and St. Methodius University of Veliko Tarnovo , Bulgaria
Pages:
24-
33
DOI: https://doi.org/10.54664/RDCC9275
Abstract:
With the amendments to the Criminal Procedure Code in 2025, the correction of obvious factual errors in judicial acts was regulated by law for the first time (with the new art. 33a of the CPC). However, the legal framework creates some theoretical and practical ambiguities and difficulties in this procedure. The article examines the nature of obvious factual errors and distinguishes them from similar institutions. The procedure for its removal is analyzed and changes de lege ferenda are proposed, related to the conduct of an open court hearing when deciding on the removal of the factual error and when appealing and protesting the decision to correct the obvious factual error.
Keywords:
obvious factual error, court, decision, open court hearing, appeal and protest.
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