Maxim in driving accident

Swetis wrote:

OMG, do they want to torture Maxim til death?? Where is the end of this awful story...
Thanx for the info, girls. Though this is that case where i'd prefer not to know this.

Never ending story ...

The end of this story???? Maybe same month next year!!!!!! (Sorry for my irony!!!)

They should end this! Close the case! Give peace to everybody, to the one who did it, to the victims, and to the relatives of the ones involved... And what did they do? Just the contrary!!!! I´m shocked!

Besides: I just found an information in Bulgarian forum (from a reliable poster!) that 90% of the cases that were given back to Appelative Court in Bulgaria end with another sentence!!!!!!!!!!
Oh my...

It seems to me that in this article can be found some reasons why the case was given back:

The Supreme Court said that:
- the probation that Maxim received does not meet public expectations...,
- it degrees to the position of victims that probation in this case was "obvious injustice"...,
- ...
OMG!!!!!!

http://news.bpost.bg/story-read-18041.php (in Bulgarian)

Translation by google:
"Supreme Cassation Court returned the case "Staviyski"

The case against Maxim Staviski had returned dorazglezhdane for the second instance

Bulgarian Post
On 27.10.2008
In the grounds of VKS recorded that probation, which receives Maxim Staviyski "does not meet public expectations and not prevazpitava. Then a court case against Staviyski will be examined again by the Appellate Court in Burgas. Earlier two courts Figure Skating World Champions was sentenced to 2 years and 6 months to five years conditional probation.


According VKS Burgas second judges gave "vague, inaccurate and short sazhdeniya associated with the accepted factual circumstances relevant to the individuation of proper punishment. Supreme Court of Appeal decree in retrial of the case to take the position of victims that probation in this the case was "obvious injustice".

From VKS said that the sentence does not resolve the question of general prevention of this type of crime that does not meet "public expectations for state coercion exercised on the perpetrators of such acts deemed YOU.

Staviyski was sentenced to 2 years and 6 months, conditional. World Champion and was deprived of the right to drive a car for a period of 4 years. In court actions Staviski decided to pay the parents died in the crash Petar Petrov of 90 thousands moral damages and U.S. $ 4815 - wealth.

For victims of the accident Manuela Gorsova which is still in grave condition after months in a coma, was awarded the sum of 80 thousands who Staviski must pay as moral damages.

Accident happened on 6 August 2007 evening near the river Ropotamo. Driving with unbecoming speed Staviyski entering a counter movement and the strike front "Honda" and a 23-year Petar Petrov from Sliven.

After impact with the truck on figurista in "Honda" and struggled traveler behind her, "Audi". Petar Petrov died in the crash and its spatnichka Michaela Gorsova suffered severe. Maxim Staviyski is the drive by 1.1 promila alcohol in the blood indicate data from chemical analysis."

According to our "Bulgarian law expert" in Bulgarian forum, Hrisi , the period in which the new trial has to be held is again one month!
This means: The trial in Appelative Court in Bourgas will be till 26.11.2008!!!!!!!
So at least we know this now!

This one really makes me worry for the coming trial at Appelative Court!
If this is the new "direction " of court now, I think we should be thankful for every IceAge show we can still see Maxim in...



http://www.zagrada.bg/show.php?storyid=571740 (in Bulgarian)

Translation by google (Sorry for bad quality, but I think the view of court can be read out clearly...)
"Sentencing over Staviski goes to the makeup
VKS back lawsuit against the world champion of the appellate court because of vague, inaccurate and short patterns under his sentence
from "For the city" | 16:42

Photo: Archives Dnevnik
Supreme Cassation Court returned the case "Maxim Staviski of Bourgas Court of Appeals for the vague, inaccurate and short sazhdeniya in the process and in motivirovkata hearing. On May 7 last year the Court of Appeal confirmed in Burgas to izdadenata Jan. 30 verdict of the District Court, which Figure Skating World Champions was sentenced to 2 years and 6 months conditional 5-year probation. Parents of killed in the crash near Ropotamo Petar Petrov Staviski had to pay U.S. $ 90 000 kravnina and those of his sister in a coma - 80 000 leva, plus 4815 euro in property damage.

In its reasoning to turn the case VKS wrote that the decision of Bourgas Court of Appeals did not set out reasons in response to the arguments adduced in vazzivniya vazzivnata protest and complaint related material unlawfully and manifest injustice imposed penalty. In too sketchy order is listed lack of infringement under the text of the law enforcement road. Laconic expression of the reasons (in a few sentences) denies further instance of opportunity to check the findings of pravnoznachimi facts - what is due to the introduction of cars driven by Staviski cross bar in the movement and who now writes in its reasoning court.

According to the magistrates of VKS serious difficulties to check the process evaluation activities of the court created unclear, inaccurate and short sazhdeniya associated with the accepted facts relevant to the individuation of proper punishment. "Shared motives of the District Court" are inconsistent with the obligations of procedural vazzivnata instance and are contrary to the Constitution to properly motivate acts of justice. The manner of forming the national conviction, and control of this process can not be traced in vazzivniya said shortcomings of the judicial act. Thus, in the grounds of the sentence are not reasonably resolved all issues raised by the parties and above all what mechanism fixed maximum probation educational and deterrent impact on other members of society are spelled supreme judges. In their punishment is fair when both correspond to the gravity and moral ukorimost of an offense, and the identity of the figure. This is possible only if the necessary balance, reform and aiming prevazpitatelno impact on the defendant and public expectations Exercise state coercion against the perpetrators of this type of harm. This process requires a careful assessment of the public danger of the act and its impact in society. In deciding the question of probation the court must take account not only the personal qualities of the defendant, but the public danger of the crime, the judges considered.

According to the lawsuit against them in Staviski no clear finding in those aspects. Can only assume that the basis of the decision are the qualities of the defendant. In this regard, it is reasonable to blame the representative of the prosecution made to the court - the obligation to state reasons for their conclusions that by the conventional condemnation will affect warning and deterrent not only to the offender but also on other members of society. Appellate Court in Burgas has been substantial and procedural violations. Missing discuss the evidence collected in the case, in terms of ability to podsadimiya prevazpitan, given his behavior after respektiraneto by competent authorities. And if in this demonstration of non-compliance not only with established policy / management powerful vehicle at a speed 45 km / h over the permitted for this road section with a blood alcohol content far exceeding limits, but with instructions to the authorities responsible for the control , The defendant is not in need of intensive mode of implementation of criminal coercion, the court wrote.

In the retrial Court of Appeals in Burgas is necessary to make reasoned considerations in response to vazzivnite objections of the parties on stock unlawfully in criminal and civil part of attacked him judicial act and glaring injustice imposed punishment given to those further instance, can not do so because of that gain and comment decision.

In particular opinion signed presdedatelyat decision of the judicial staff of VKS Ivan Nedev. In his decision of the court in Burgas is proper and lawful, and imposed punishment - fair."

... and if this Appeal court in Bourgas will make a decision in , lets say, one month, can it again be appealed ? With another one months period appeal time? And be again given to Supreme Court? Or is that the final decision then ? Vania? Do you know?

In any case Albie and Max now both need our support, now more than ever!!!

WE ARE WITH BOTH OF YOU, ALBIE AND MAX! HOLD ON! WE BELIEVE IN YOU! AND WE SUPPORT YOU!

Some more shocking details:
When I read this I have the strange feeling that the Supreme Court is of the opinion that the other courts before made mistakes , mistakes, and mistakes ...
...somehow can´t be...

http://news.ibox.bg/news/id_848603115 (in Bulgarian)

Translation by google:
"With heavy motives VKS case back "Staviski" Review
Supreme Cassation Court returned the case against Maxim Staviski for retrial of Bourgas Court of Appeals.
It is recalled lawsuit against World Champion Figure Skating is kept for the crash near the river Ropotamo last summer in which Petar Petrov died of Sliven, a 17-year Manuela Gorsova with severe brain damage.
Prosecution and relatives of victims have asked for an effective sentence Maxim Staviski, and more cash benefits.
Sentencing, which was an appeal to two years and six months imprisonment conditionally, 80 thousand EUR Manuela Gorsova of 90 and thousands of parents killed Peter.
Supreme Court accepts that the lower body is not sufficiently examined fully by the findings of facts - what is due to the introduction of the cross bar in Staviski movement.
VKS taken as the main blame the prosecution to the courts' obligation to state reasons for their conclusions that by the conventional condemnation will affect warning and deterrent not only to the offender but also on other members of society.
According supreme judges no discussion of the evidence collected in the case, in terms of ability to podsadimiya prevazpitan, given his behavior after respektiraneto by competent authorities.
VKS ask the question whether in this demonstration of non-compliance not only with the established order - the management of powerful vehicle at a speed 45 km / h over the permitted for this road section with a blood alcohol content far exceeding the limits - but with instructions to the authorities engaged control the defendant not in need of intensive way of implementation of criminal coercion.
An act can be understood, is a requirement of law. It should be apparent why accepts one, and not otherwise comment on the decision of the court Maple Notev, one of the lawyers of Maxim Staviski.
This decision does not appear for the outcome of the case, specifying lawyer.
In the second review Court of Appeal should be in fact in their findings, notes further Notev.
According to lawyer because of the great media interest has overexposure to the problem, which is suspected to exist.
Is sending the case in Burgas Court of Appeal and establish a new judicial panel, explained another defender of Staviski."

I don't know what else to say besides : Courage and Hope.
I can't understand the motives .My only answer is :the publicity .It is sad but i hope and belive that everything will be over in a month.Not only for Max but also for Albena.
It is ironic how the irresponsible father ,who waisted so much money from the donation fund , is all over the news again , pounding himself in the chest and pleading how concerned he is and NOBODY,NOBODY even mention Albena and her help.Suddenly there are no money missing ,everything was covered up.Where is the publicity now?
I know is off the topic but i personaly cannot imagine what does it feel like to have the Sword of Damokles above your head all the time and still be able to perform and give everything from yourself.


Good Luck and courage dear Albie and Max

I am in shock too. I agree with Victoria. It is publicity.
I am sure that things like this happen every day, and people don't go to jail. Otherwise jails would be full. This summer I didn't dare to drive along the Black sea coast, and I have no problem driving anywhere in California. In a case of accident no one can tell what had happened. I got to see that traffic for myself.

I'm in shock like all of you I haven't expected that.... So, the case is given back for the incompetence of the Appeal court in Burgas

I don't know what more to say... just COURAGE, ALBENA AND MAX!! COURAGE!! WE,RE WITH YOU!!!

viktoria wrote:

I can't understand the motives .My only answer is :the publicity .

Sad, but I fear these are true words...

What a disaster!

They are starting over again from the date of the accident and not considering the prior adjudication and all of the work the attorneys have done and the good words so many people spoke for Maxim.

If Maxim were anyone else, this would have been over a long time ago.

He has been so strong thus far (with Albena's help and, most importantly, with God's help) and I do hope that he can, as you say, Petra, HANG ON, as he continues to be under that Sword of Damocles mentioned by Victoria.

Let's not let a single day go by when we have not prayed for Maxim and Albena in this situation. God's help is his only hope.

From this article it becomes completely clear now that the case was given back not because of the compensations Max has to pay (they say that the money he has to pay is enough and according to the law) but because of mistakes of the other courts before made / procedural violations (they have not discussed the evidence! / the given probation was not motivated enough!)...

So it seems to me that if something will be changed in next trial, it can only be the probation...

http://news.burgas24.bg/64207.html (in Bulgarian)

Translation by google:
"Within a month Appellate Court in Burgas will be meeting on the case against Maxim Staviski, lawyer predicts
Source: Agency "Focus" 13:48 / 28.10.2008 Print Send

Within a month Appellate Court in Burgas will be meeting on the case against the world champion Figure Skating Maxim Staviski. It predicts lawyer Magdalena Dancheva. She is a firm protecting the interests of the family died in the crash Petar Petrov. Supreme Cassation Court returned the case for retrial of vazzivna instance of the stadium court. The Supreme Court canceled and the decision of May 7, when it was confirmed on January 30 issued a verdict of the District Court - Burgas against Staviski. Then world champion received two years and six months to five years conditional probation. The reason for the return of the work of stage hearing is that at the judgment has procedural violations. Namely - have not discussed any evidence. Furthermore, the punishment should match done wrong, and imposition of probation should be well motivated. However the Supreme Court considered that the civil claims are covered - and the amount of compensation is fair."

This is all so dreadful - and frightening. The prolongation of the trial will make it all worse, making Maxim subject to even more slander and vindictiveness...

It's a tragedy, how much time and money and - more important - how many thoughts and emotions have been spent, wasted on this trial.

Maxim must be an incredibly strong person, going bravely though this hell and keeping on working hard at the same time, giving it his all at the shows, being able to concentrate on training, coaching, performing, earning the money to pay the damages... He has an angel named Albena at his side who surely is the light in his darkness - that's comforting. And Albena, too, needs hope and courage to go on.

I treasure every picture showing Maxim together with Albena or surrounded by friends, embraced, loved, smiling.

Please, let this be over soon, and let him be free!

I truly feel for Albie and Maks. When you work long ours and do your best at the job, last thing one wants to here is "go back to square zero".

Hope they stay strong and don't loose sleep over this.

Seems that we will have to wait a little bit longer for the trial in Appeal Court... It might be that we will have to wait till January 2009 ...really never ending story !

In any case I pray it will be over after this! Peace for all!
Max, Albie, please be strong, whatever will happen! We all cross our fingers for you!!!

http://paper.standartnews.com/bg/article.php?article=253565 (in Bulgarian)

Translation by google:
"Probation will be (...?) claimed magistrates
Maxim second test before Themis
Return of the case do not bothers, said protecting Staviski

Two days after the Supreme Court returned the case "Staviski" for retrial, the outcome of the judicial saga remains envelop in guesswork.
Relatives of victims of monstrous disaster of last summer are satisfied with the resumption of the case. Among them is not optimistic that the court will respect their request and will deliver an effective verdict.
Clear direction for the outcome of the case does not give itself a decision of VKS. It can be seen that kasatsionnite judges are not convinced that probation will prevazpita sufficiently effective Staviski. Specifically paid attention to the fact that world champion is having a substantial drive drunk and speeding demonstration has not complied with the law after being warned by police. "There is no discussion of the evidence collected in the case in terms of ability to prevazpitan defendant, given his behavior after respektiraneto by competent authorities. And if in this demonstration of non-compliance not only with the established order (management powerful vehicle at a speed 45 km / h over the permitted, with blood alcohol content, far exceeding limits), but with instructions to the authorities responsible for the control, the defendant does not need more intensive way of implementation of criminal coercion "- writes in its reasoning the court.
"Return of the case for re-examination of VKS no bother us," commented Kozhuharov Rosen, attorney Staviski. Extremely important as it is the fact that the case is returned only procedural grounds - for lack of sufficient reasoning in the decision of the Appellate Court.
"Nowhere no instructions repealing the conditions imposed punishment. Not to be ignored and that the decision was signed with particular opinion of the judge rapporteur, who believes that the verdict delivered is fair and legitimate," said Kozhuharov. This gives confidence that in retrial of the case Staviski again would receive probation. We will do our best for this, the lawyer added.
Yesterday the case was not yet arrived in Burgas Court of Appeals. The new work should be scheduled up to 2 months. It is expected this time to complete the process in a meeting, since all facts are clarified and Staviski admitted the fault. "There is a possibility the case to look at the end of December, but because Christmas and New Year holidays are more likely to come in early 2009, allow defender of family Gorsovi Hristo Hristov. Parents of severely injured Manuela and family killed Petar Petrov Maxim Staviski urge to pen. The same claim and state charges. "The court is too soft to the world champion, is categorical prosecutor from the District Prosecutor's Office in Burgas Svetlozar Kostov, who prepare and submit the first indictment in megadeloto. "I am convinced internally that the court spared him a suspended sentence he should receive effective, albeit minimal punishment. The laws are the same for all," said magistrate.
According Procedure Code VKS no right to impose more severe punishment of Staviski. His powers are limited to this case back for retrial. However, this does not mean that the Court of Appeal in Burgas will be sentenced to prison world champion. Elena Dimitrova"

It all really makes feel like turned inside-out ...if it feels like this for us, i'm afraid even to imagine how hellishly hard it feels for Maxim and Albena...Amazes me again and again how strong they are together and cope with all troubles. And every week they give us so much joy and happiness with their performances!

HOLD ON DEAR MAX & ALBIE! GOD WILL HELP YOU TO GO THROU THIS ALL!

Ok,maybe is not a bad thing ,and resceduling the trial for January is understandable ,too many cases i guess.One good thing ,as gernice from Bulgarian forum expalained is that if the court change a little bit but still confermes the sentence ,nobody can appeal but if /god forbid/ changes to effective than Maxim's lawers will appeal.Yes, it is non stop circle but hopefuly it won't come to this.

2 more months I've expected that they'll exam the case sooner
When this nightmare will be over ?

I post it here because it´s an interview with Maxi´s lawyer... (but it could be posted in other topics, too)...

This pic was posted this afternoon in Bulgarian forum:
(in Bulgarian)

Thanks to Viki for the help of translation / posting a summary in Russian forum ...
Viki, I hope it´s ok for you that I post it, but now that you not only translated it in pm to me but officially for the posters in Russian forum too... ... I hope it´s ok we have it here too...

Interview with Maxi´s lawyer:
- Some information we know already: Everybody is surprised by law decision ... and and and ...
- Maxim is ready to accept any given sentence (but that is something he already said immediately after the accident, so it´s not new to us)...
- Maxim is ready to pay the rest of the money...
- Maxim will make other donations for Manuela...
- Albena and Maxim want to make a charity concert (edit: ice show ) for people that are injured in accidents...
- Maxim said that many people are accusing him to skate in IceAge, but for him it´s the only possibility to earn the money for Manuela and Peter ...
- Effective sentence won´t change anyone´s behaviour in the streets...
- Max has had a training accident two days ago; his knee is injured; he is treated intensively at the moment ...

Puhhhhhh!

I think this is Bulgaria's last gasp to present Maxim as a person of low esteem in the eyes if the Bulgarian people, while Maxim has elevated the country of Bulgaria to a status of world recognition. Maxim Staviski is not now, nor will he ever be, a person of low integrity. He has presented himself on the world stage as an exemplary man of utmost scruples who has tried to redeem himself in a situation that was beyond his control. He didn't make the rain descend on the night of the accident. He did not intend for the accident to happen. As Albena said from the beginning, "Maxim is a man of many virtues." And I agree based on the facts of Maxim's life.

Prolonging this case will only stir up the international community who stands behind Maxim and his life's work. I will use my education and common sense to stand behind Maxim in every forum I can find on the Internet. And I hope Russia, with its great ancestry and Maxim as the exemplary boy-wonder, will stand with me on this horrible case that is out to "get Maxim" when he has done nothing but good for Bulgaria.

Bulgaria, where is your gratitude for the many benefits you received from Albena and Maxim's hard work over many years? Did you as a population arise from bed at 4 a.m., do without food, and train yourselves to exhaustion to bring worldwide recognition to a country totally ignored by economic communities outside Bulgaria? I think not.


Accidents, meaning totally unintended events, fall within the realm of forgiveness, atonement, and redemption. For the Christian faith, that is why Jesus died. For the Muslim and Jewish faiths, atonement (Maxim's personal suffering and payment as ordered by the court) should lead to redemption.. He has suffered and paid enough. Let the young man go--to do as much good as he possibly can for the human race in the time he has remaining on earth. This is the only DECENT thing for the Bulgarian people to do.

Well said, Sue. I couldn't agree more.

Thank yo for your post ,Sue.


I hope this nightmare will end soon .Everybody make mistakes and pay for them . Max can pay only for his own mistakes and he is paying more than anyone in his situstion in Bulgaria.He won't please everyone even if he works himself to death.

Bulgarian courts are really quick. The case will enter court in Bourgas again on December 1st.

http://www.novinite.com/view_news.php?id=98627

Many thanks for the link, Ivana !!!
Now we at least know the date of next trial ! And we know that it´s going on and that they do not try to slow down the trial (as they do so often in Bulgaria...)!
So maybe we really will know more (maybe the "final" sentence?) on 01.12.2008 , but I think it might be possible too that this again is the first hearing of appeal court, and the new sentence will be given in a 30 days period again... Maybe...

I really pray that the old sentence from January will be confirmed again! Because if I understand it right in Bulgarian forum they wrote that confirming the sentence now would mean no more appeal is possible any more! And this would mean the trial would be over! I pray and hope !

Thanks for the news, Ivana. Today, by some reason, I can't enter in the Bulgarian forum and I didn't know about this. So, at least we have a fixed date. In the best case we'll know the decision in this date. But Petra may be right, maybe they'll pronounce the decision in another 30 days period , and that means after January the 5th

Me too, I pray that they'll confirm the sentence from January and it will be over.