6
P.M. v. BULGARIA JUDGMENT
of 30 November 2005 in respect of Mr D.I. This part of the judgment was
not subject to appeal and became final.
50. The Regional Court further terminated the criminal proceedings
against Mr T.Z. as time-barred, finding that the prescription period for his
prosecution had expired meanwhile.
51. On 18 May 2007 the applicant’s lawyer was informed of the
judgment and of the applicant’s right to appeal against the termination of the
criminal proceedings against Mr T.Z. The applicant did not appeal.
II. RELEVANT DOMESTIC LAW AND PRACTICE
52. Pursuant to the 1974 Criminal Procedure Code, in force at the
relevant time and until 2006, as well as the constant case-law of the
Supreme Court of Cassation, the courts had to terminate criminal
proceedings upon expiry of the statutory period of limitation. Nevertheless,
the accused could request their continuation (Article 21). In such a case, the
court could find him guilty but could not punish him (Article 303).
THE LAW
I. ALLEGED VIOLATION OF ARTICLES 3 AND 8 OF THE
CONVENTION
53. The applicant complained that the investigation into the sexual
offences of which she had been a victim had been ineffective, and that she
had not had an effective domestic remedy in this respect. She relied on
Articles 3, 8 and 13 of the Convention.
54. Having regard to the nature and the substance of the applicant’s
complaints in the present case, the Court considers that the proper legal
characterisation of the complaints is the procedural limb of Articles 3 and 8
of the Convention, which read:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
Article 8 § 1
“Everyone has the right to respect for his private ... life ...”