Maxim in driving accident

Vania, Bulgarian forum did not have this information until now! I just checked it (I could enter!). I gave them Ivana´s link, so that they know (I know some of them can read English, so I think they will manage to figure out the information!)...

At least we know the date of the trial. I only hope all this will finish as soon as possible

Petra wrote:

Vania, Bulgarian forum did not have this information until now! I just checked it (I could enter!). I gave them Ivana´s link, so that they know (I know some of them can read English, so I think they will manage to figure out the information!)...

Yes, I've entered finally and I saw that you posted the link Thanks!

Bulgarian speaking press has published the information now too (It is really astonishing, but this time English speaking press really was the first one to publish this info!)

http://www.vsekiden.com/?p=41010 (in Bulgarian)

In it it has only the same info as the English article posted by Ivana, plus information that we already know plus this one:

Quote from translation:

Quote :

In first December the judgment against Maxim Staviski will be reheared by new courts members / new judicial panel /, and not from those judges that gave him enforceable sentence.

One of our "law experts" from Bulgarian forum, Hrisi, confirmed that the 30 days period to tell the sentence is possible!
So it´s really possible that we will have to wait till 2009!

Petra wrote:

One of our "law experts" from Bulgarian forum, Hrisi, confirmed that the 30 days period to tell the sentence is possible!
So it´s really possible that we will have to wait till 2009!

Thank you Petra and girls for the news........
We must hope..

Thank you for all news, Petra!
Hope and pray!

Good news about Manuela ! She´s improving from day to day now and might be able to return to Bulgaria in half a year...

http://paper.standartnews.com/bg/article.php?article=256777 (in Bulgarian)

Translation by google:
"Manuela happy with puppy
Puppy in hospital in Israel will enjoy Manuela Gorsova. Victims of the crash with world champion Maxim Staviski girl will receive a puppy from his father for Christmas, he announced. Krassimir Gorsov will spend the holidays with his wife and daughter in the hospital. Manuela gift for barking is a dog of the breed samoed. The girl dreams of a housewife is a dog since before the accident. In the words of Krassimir Gorsov state of Manuela is improving every day. If you continue the same pace, up to half a year it could come to Bulgaria, added Gorsov."

Oh really good news Petra! Thanks!
God help her to recover completely now! As soon as possible!

Wonderful news Thanks, Petra!
I think it's a good idea, the dog could really help her feel better. I've read many stories about how the pets help people recover faster.

That's really good news! Thank you for posting it, Petra.

I hope for Manuela that she'll recover completely and return to a normal life.
As Maxim mentiones in every interview where the topic is turned up how deeply responsible he feels, I hope that the good news about Manuela will make him feel better, too... It must be so terrible to live with pangs of conscience.

Vania wrote:

I've read many stories about how the pets help people recover faster.

That's right, Vania, pets are already successfully involved in psychotherapy and physiotherapy in many ways! A good approach, I think.
Y

Thank you for the news Petra.A dogy for Manuela , this is great idea.I wish her complete recovery. She is a true fighter.

Hi everybody!

Just some more days until the next trial...
To be honest, I wouldn't be to confident on getting a decision right away. If they start everything over again, including questioning of Max and whitnesses eg. it might take some time! At least it usually does if a case goes back to the first court.
Unfortunately I don't know about bulgarian law, but I study law in Austria and here the judges try to find a solution that somehow helps the victims. In our case what use would it be sending Max to prison? He is much more helpful when he's "free" and able to earn money to support the victims' families! Even if the boys father wants to see Max in prison, we can still hope, that money is worth more to him than personal revenge.
And since Max always was cooperative and ready to accept any punishment and already paid large amounts of money, that might convince the judges of sticking to the jan. decision.

It's terrible if you just sit and talk and can't do anything!
Well, lets just hope for the best and pray it will soon be over!

By the way (thats a really stupid question!!!): on the ice age homepage i read about Albena and Max not having time to marry (at least thats the way i understood it - my russian isn't the best either... *g*) - I thought they already are married!!!

Hi Baghira!
I try to answer, as far as I can (but I know if I´m wrong Vania will correct me immediately! )
First: Maxim´s case isn´t given back to first instance! It´s given back to second instance (=appeal court)! And that´s a big difference in Bulgarian law! This means that "in general" the decision of first instance is accepted! They gave back to second instance because they made mistakes there; the reasons for the decision to give him probation were not explained clear enough!
Second: As far as I know questioning of eyewitnesses is not possible any more! Maxim has chosen the "short trial", not the "long trial"! And this means that generally there is no questioning of eyewitnesses!!
Third: In Bulgarian forum the Bulgarian law students wrote that if appeal court now make the same decision again, that means if they give him probation again, then the trial will be over! No appeal possible any more! Finish!!!
I hope this helps you a little bit!
Bulgarian law is very different from German one, and I had to ask the Bulgarian law students in Bulgarian forum for explanations many many times until I understood at least the most important parts a little bit...

And about the marriage ... Nobody knows exactly ! Only they know ! In fact there are some hints that they might be, but when asked they always deny it... And in January 2007 there were articles that they married, but Albena and Maxim said these articles are not true... And two or three weeks ago Maxim said in an interview that they are not married until now...
So decide for yourself what you want to believe...
But I think the only important thing is that they are together ! Unimportant if married or not !!

Well thank you Petra, that explains a lot!
Seems like I got the whole situation wrong...
I thought that the case was given back to the first instance after the boy's father's appeal to the surpreme court because of inappropriate sentence (I can't find the source now, but I remember the sentence "I want to see Staviski in prison").
And I thougt that the surpreme court had decided that there was too little grounds to justify probation and that they needed the first instance to complete the hearing of evidence and then make a new decision (that would have made it start all over again).

But actually it went back to the appeal court because of a lack of explanaition, right? Well, lets just hope, that the new judges find a propper way to justify probation!
Did the Bulgarian law students say anything about "reformatio in peius"? Because (according to Austrian law) if a case is given back to the former instance NOT due to the appeal of the plaintiff/ prosecutor, the court is not allowed to change the decision to the disadvantage of the defendant (that would mean, that the new decision wasn't allowed to be worse for Max than the first one was). But I don't know if in this case it was given back to the appeal court because of the father's or the prosecutors appeal or just because the surpreme court found some mistakes itself... its so complicated!!!
Yes, that's right, if they confirm their decision and give him probation again, its over because there's no more instance to appeal to (I think thats the same in most of the law systems - otherwise trials would last forever!)

All the talking doesn't really change anything, but thank you for taking your time to explain, Petra!
I hope we'll know more soon! Cross your fingers and think positive!!!

Baghira, I remember that the Bulgarian law students told something that they think that the chances that the decision will again be the same as before are 50:50 now ... But they are optimistic !
And the decision to give it back to appeal court was a 2:1 decision of the judges...

Quote :

But actually it went back to the appeal court because of a lack of explanaition, right?

That´s how I understood it! For example appeal court did not explain enough why Max´s probation is a warning for other drivers...

Vania, please correct me if I´m wrong here!!!!

More I really do not know, Baghira , sorry! And I´m not familiar with law terms ... And I´m not Bulgarian... What I know I only know from reading and asking others ... And I only tried to answer you because, as far as I know, we at the moment do not have Bulgarian law students here in this forum...
Maybe Vania can explain a little bit better , she´s Bulgarian (the only remaining one besides Viktoria and a_Hot-Nerd), but has nothing to do with Bulgarian law either...

Petra, you're just great!
Thanks for all the information! And don't worry about the law terms, I'm sure no-one really understands them :study:
I would go for the 50:50 chance of having the same decision again too
In fact this is (as odd as it may sound) not a question of law, but a quesition of feeling. There are so many facts the judges have to take into concideration: Like Max' not driving away after the accident but immediately trying to help, his appearing at the trial although he didn't have to, his accepting any sentence and trying to help the victims as good as possible, the fact that he feels so bad about everything that happened, that he'll probably have to pay for this mistake for the rest of his life (that should be a warning for other drivers!)... its just the whole situation and all the circumstances.
I really hope the judges are on Max' side and find a way to justify probation and end this nightmare!
And actually I'm optimistic too.

Petra wrote:

Baghira, I remember that the Bulgarian law students told something that they think that the chances that the decision will again be the same as before are 50:50 now ... But they are optimistic !
And the decision to give it back to appeal court was a 2:1 decision of the judges...

Quote :

But actually it went back to the appeal court because of a lack of explanaition, right?

That´s how I understood it! For example appeal court did not explain enough why Max´s probation is a warning for other drivers...

Vania, please correct me if I´m wrong here!!!!

Yes, you're right, Petra and Baghira! You both have understood well. If the Burgas court pronounce the same decision, there will be no more appeals. But, the girls said it's a new law, and they're not sure if it's already effective.

This is a bit off-topic, but I was curious to see what breed is the "samoyed" - the dog that Manuela's father will give her:



The puppy is so cute!

Well thanks Petra and Vania!
We can only wait and hope for the best! :|

Thanks for posting the pic of the puppy - that's really cute!

An article from today:
http://news.ibox.bg/news/id_1143271581 (in Bulgarian)

Translation by google:
"Staviski donated 20 thousand BGN for the treatment of Manuela
news.bg
Maxim Staviski has translated the amount of 20 thousands to the account of Manuela Gorsova, learn news.bg.
It is recalled Manuela suffer severe in August 2007 in the crash caused by world champion.
Currently she is in a specialized hospital in Israel where it is held active rehabilitation.
The amount translated from Staviski form of a donation to treat a girl like this money in rugged accounts will reach for approximately two weeks stay in the clinic.
Manuela is in Israel in May month, according to doctors in order to have maximum effect, it must remain at least until March-April.
It is recalled twice world champion in the spring import 80 thousands, but part of his sentence for the crash.
This amount is truly an act of charity - as many people waited in long Staviski.
It is recalled on December 1 Bourgas Court of Appeal will consider returned from VKS case against Staviski. It relatives of Manuela appeal probation requested effective imprisonment for the world champion.
Lawyer Staviski Maple Notev announced that Maxim is regularly called upon and will appear in court Bourgas."

OMG... that's a lot of money and still doesn't pay more than two weeks in hospital...
But it's a good thing he donated so much money to her - maybe that can convince the judges that money helps the family more that putting Max into jail!
I'm still hoping for a happy end.......

Dear Maxim!

As always, I wish you the best for tomorrow! Hold on, be strong, and don´t give up hope! I´m with you in my thoughts!

I hope this nightmare will be ended soon!

Bulgarian press is starting its articles about the trial again...
Nothing new... besides the fact that Albena told the press she will be with Maxim in court, despite her injury!!!

http://law.dir.bg/2008/11/30/news3674908.html (in Bulgarian)

Translation by google:
"Staviski post tomorrow before appellate court

November 30, 2008, 22:29
Source: BLITZ

The case against Maxim Staviski starts tomorrow in the Bourgas Court of Appeals. Until the resumption of the process, it was after the Supreme Court returned the case because of procedural violations.
Meanwhile it became clear that the championship is still translated 20 000 leva for the treatment of Manuela Gorsova in addition to compensation of U.S. $ 70 000 imposed by the court. The figure skater was paying and 40 000 per relatives of the perished in the crash near Ropotamo Petar Petrov from Sliven. The court imposed a total of 160 000 leva, which so far paid 90 000 leva. Albena Denkova who received a meniscus tear during the last performance on the ice in the Russian capital, said it would be up to her husband /I presume we should better translate partner instead of husband/ in court despite injury . / Blitz"

Thank you for keeping us updated ,Petra.

I just want to translate this part.
Албена Денкова, която скъса менискус миналата по време на изпълнение на леда в руската столица, е казала, че ще бъде до съпруга си в съда, въпреки контузията

"Albena Denkova who tore up her meniscus last week during a performance in the Russian capitol , said that she will be with next to her husband in the court ,despite her injury."


Hopefuly everything will finished soon.Good luck Albie and Max.