Maxim in driving accident

Oh, girls... Now I understand nothing at all! The last news is that Maxi's lawyers have no defence line??? And it happened in such period when there is no way back or the right ro mistake.... I pray and pray every day... I try to hope.... But my heart is hurting....

My dears, hold on!!!!!

Petra, do you know if the things will be bad can they appeal once again? Or is it the last chance?

I am What last news?

Wondergirl wrote:

Petra, do you know if the things will be bad can they appeal once again? Or is it the last chance?

Wondergirl, the situation is the following:
1) They can appeal now. There´s a 15 days deadline for this. And Maxim´s lawyer said they will appeal! (And for Baghira: Appeal in Bulgaria is not possible only for personal reasons, for example you can not simply say that you do not like the sentence. Instead you have to find something that went wrong in the argumentation of the sentence, and when lawyer Notev said they will appeal, this is the proof that they have found what went wrong!!!!!! Otherwise there would be no appeal possible!))
2) Then at Supreme Court, there are two possibilities:
2a) The Supreme court does not confirm the sentence of Appeal Court. Then the case will be given back to Appeal Court. Then there will be a new trial at Appeal Court (third one!). Appeal Court will again find a sentence. If it´s the same sentence as before (here effective time) the trial is over and no appeal is possible any more. If Appeal Court in third trial again makes another sentence, it can be appealed again, will be given again to Supreme Cout, and so on and so on.
2b) Supreme Court confirms the sentence of Appeal Court. In this case no appeal is possible any more and Maxim will have to go to jail.

I hope you understand it. I needed some months to understand this procedure, but a kind Bulgarian girl (law student) from Bulgarian forum explained it to me very very well some months ago, so that you can be sure that what I wrote above is correct!

Wondergirl wrote:

Oh, girls... Now I understand nothing at all! The last news is that Maxi's lawyers have no defence line??? And it happened in such period when there is no way back or the right ro mistake.... I pray and pray every day... I try to hope.... But my heart is hurting....

My dears, hold on!!!!!

No, it´s not that he has no defence line at all. Only a part of his defence line seems to be away...

ulia wrote:

I am What last news?

Welcome ulia, as you are reading, we must hope and pray...

Petra wrote:

No, it´s not that he has no defence line at all. Only a part of his defence line seems to be away...

Why?
If the lawyer prove that Maxim can't work and earn enough money, to pay compensations, in Bulgaria, I think it can be an argument, or not?

girls, thank you for all this information, i relive and belivie in happy end of this terrible story with you.

Aliska wrote:

If the lawyer prove that Maxim can't work and earn enough money, to pay compensations, in Bulgaria, I think it can be an argument, or not?

It can be for sure ! Maybe it´s one of the arguments Notev will use, but who knows? This is only known by him , Max and Albena...
But I´m sure Notev will do the right thing! He said he will appeal, so he has a strategy ... It´s not possible to appeal without a strategie . Nobody of us knows the exact argumentation of court, therefore:

Let´s simply do it as Piemontesina proposed: Let´s simply wait and see what will be!

Petra, thank you so much. We have no news in Russia////

Quote :

2) Then at Supreme Court, there are two possibilities:
2a) The Supreme court does not confirm the sentence of Appeal Court. Then the case will be given back to Appeal Court. Then there will be a new trial at Appeal Court (third one!). Appeal Court will again find a sentence. If it´s the same sentence as before (here effective time) the trial is over and no appeal is possible any more. If Appeal Court in third trial again makes another sentence, it can be appealed again, will be given again to Supreme Cout, and so on and so on.
2b) Supreme Court confirms the sentence of Appeal Court. In this case no appeal is possible any more and Maxim will have to go to jail.

Petra, thank you so much! I understood everything... So if the Supreme Court refuses the effective sentence, the appeal can be again and again??? Until Maxi will be in prison? And everybody will be happy???

Petra wrote:

But I´m sure Notev will do the right thing! He said he will appeal, so he has a strategy ... It´s not possible to appeal without a strategie . Nobody of us knows the exact argumentation of court, therefore:

Let´s simply do it as Piemontesina proposed: Let´s simply wait and see what will be!

you are right!
We can just hope and believe.

Sorry for my bad english. all this days i just read massages, but so many emotions, i can't keep silent.

Wondergirl wrote:

Until Maxi is in prison? And everybody will be happy???

is he in prison now????

i don't understand too, who would be better if he would sit in jail

[quote="Wondergirl"]

Quote :

2)Petra, thank you so much! I understood everything... So if the Supreme Court refuses the effective sentence, the appeal can be again and again??? Until Maxi is in prison? And everybody will be happy???

In Russia can not again! I don't know how in Bolg/

Wondergirl wrote:

Quote :

2) Then at Supreme Court, there are two possibilities:
2a) The Supreme court does not confirm the sentence of Appeal Court. Then the case will be given back to Appeal Court. Then there will be a new trial at Appeal Court (third one!). Appeal Court will again find a sentence. If it´s the same sentence as before (here effective time) the trial is over and no appeal is possible any more. If Appeal Court in third trial again makes another sentence, it can be appealed again, will be given again to Supreme Cout, and so on and so on.
2b) Supreme Court confirms the sentence of Appeal Court. In this case no appeal is possible any more and Maxim will have to go to jail.

Petra, thank you so much! I understood everything... So if the Supreme Court refuses the effective sentence, the appeal can be again and again??? Until Maxi is in prison? And everybody will be happy???

No! If the Supreme Court says the effective sentence is not justified, the case will be given back to Appeal Court again. Then (as always) Appeal Court again has two possibilities:
a) Appeal Court does the same old sentence again (effective sentence) Then no appeal is possible any more. Maxi will have to go to jail.
b) Appeal Court changes the sentence again (for example into probation again). In this case there again are two possibilities.
b1) The new sentence (probation again) is accepted by all parties (Max, Gorsov, Petrov) and the trial is finished. Max will be free on probation.
b2) The new sentence (probation again) is not accepted by all parties. One of the parties (presumably Gorsov and Petrov again) again do an appeal. Then the case will be again given to Supreme Court. And then we are in exactly the same position as we are today (only that then probation instead of effective time would be appealed).

I do not know how often a case can be given back to Supreme Court . Theoretically it can last years and can go on and go on. But somewhere I found (I do not remember where ) that normally cases are not returned to Supreme Court more than 2 or 3 times...

I really hope it´s more clearer now ! I can´t explain better , sorry!

I have to admit that for some reason this situation does not surprise me at all. Personally, the only think that bothers me about the sentence is that it was not done earlier...and that it lasted over a year and a half...if the court decided this in January 2008, Maxim could have nearly half of the sentence behind him and could have been soon realeased for good behaviour.
We should not forget the victims and the fact that he commited crime, what he also confessed.
I´ve personally moral problem also with that, that Maxim considers appealing the sentence, he deserves the punishment. It was decided by a independent court and that we do not like it is our problem.
I also think that the judges should have choosen either high compensation or efective sentence, but not both at the same time....2,5 years is not that bad, at first it could have been 7-10 years if I remeber correctly....finally this is not the end....it will still take some time until this comes to an end.

Quote :

is he in prison now????

No! I asked can the appeal be constant - again and again? Maybe you misunderstood or I explained wrongly.... I can't understand when it can stop: when they will put Maxi to prison? And then they will be satisfied and happy? Or the appeal can be stopped with the good end?

Quote :

The new sentence (probation again) is accepted by all parties (Max, Gorsov, Petrov) and the trial is finished

Petra, thank you for such good explanation! I wonder the appeal can go until all the parties come to a some desicision? And now it can end only if others (Petrov, Gorsov) will agree with the probation to Max. Otherwise they will continue to struggle. Am I right?

Wondergirl wrote:

I asked can the appeal be constant - again and again? (...) I can't understand when it can stop: when they will put Maxi to prison? And then they will be satisfied and happy? Or the appeal can be stopped with the good end?

Theoretically (but only theoretically) it can go on and go on, but in reality this won´t! Sure it can have a good end! The chances are 50:50. It can stop when Supreme Court confirmes the sentence (effective time), then he is in prison. That´s the first half of the 50%. Or it can stop after the next trial at Appeal Court (when they say probation again and nobody decides to appeal again). Or it can stop after the trial at Supreme Court (not after this one, but after the one that is after next Appeal Court) when Supreme Court confirmes the probation given by Appeal Court.

And to the question when the other party will be satisfied and happy: maybe never!

And to the question if he is in prison now: NO!!! He isn´t!!! Until now the effective sentence is not legally binding because appeal is possible...

Petra - of course you are right.
It was foolish to talk as if I had given up hope- hope dies last and there still is a chance for Maxi not to go to jail! And I'm sorry for talking pessimistic trying to explain the international agreements about execution, but I get so carried away wiht all the emotions of this trial!
Of course they can appeal and the lawyer will do his best and threre definately ARE chances to win the case (well, you know what I mean).
Especially concerning what one of the judges said (that he doesn't agree with the verdict)
And thank you so much for your wonderful explaination of Bulgarian law!
By the way it's the same in Austria too, you can't appeal just because you don't "like" the verdict - you always need to have stated grounds for appealing.
So basically what they're doing now is turning the verdict "upside down" and try to find mistakes or anything that went wrong. And I'm sure, that that's exactly what Maxims lawyers will do and I'm sure they'll do their best!

Wondergirl: I absolutely agree with Petra, he just lost one part of his defence, so everything is still possible!

Girls, thank you! Now we can only wait.... nothing more....
Let's continue to pray and hope...

Wondergirl wrote:

Quote :

The new sentence (probation again) is accepted by all parties (Max, Gorsov, Petrov) and the trial is finished

Petra, thank you for such good explanation! I wonder the appeal can go until all the parties come to a some desicision? And now it can end only if others (Petrov, Gorsov) will agree with the probation to Max. Otherwise they will continue to struggle. Am I right?

It can end if at next trial at Appeal Court every party (Max, Petrov, Gorsov) will agree with the probation, or if the Supreme Court that will come after next Appeal Court will confirm the probation itself!

And now I need a lawyer myself!!!!!!! (just kidding!)

Petra, if you need a lawyer maybe I can help you out - I know german law at least a little bit better than bulgarian *just kidding too*

Petra, thank you

Baghira wrote:

Petra, if you need a lawyer maybe I can help you out - I know german law at least a little bit better than bulgarian *just kidding too*

Great ! Maybe one day I´ll call you! (just kidding again!)

Petra, if you were lawyer's assistant , Max would be acquitted.

Please tell me, Max has gave intervew now (i mean, after 5.01.)?