Maxim in driving accident

Aliska

Petra wrote:

But I´m sure Notev will do the right thing! He said he will appeal, so he has a strategy Wink

... It´s not possible to appeal without a strategie Wink

. 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! Wink

you are right! Smile

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???? affraid

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

ulia

[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/

Petra

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 scratch

. Theoretically it can last years and can go on and go on. But somewhere I found (I do not remember where scratch

) that normally cases are not returned to Supreme Court more than 2 or 3 times...

I really hope it´s more clearer now poklon

! I can´t explain better nooo

, sorry!

_________________
Dear Albena, dear Maxim!
Thank you for everything!!
I wish you only the best of all from now on!!

Ewuch

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.

Wondergirl

Quote:

is he in prison now???? affraid

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?

Wondergirl

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?

Petra

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...

_________________
Dear Albena, dear Maxim!
Thank you for everything!!
I wish you only the best of all from now on!!

Baghira

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! Sorry..

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! zvet

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! poklon

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

Wondergirl

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

Petra

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!

Oh my poor head!

And now I need a lawyer myself!!!!!!! Laughing

(just kidding!)

_________________
Dear Albena, dear Maxim!
Thank you for everything!!
I wish you only the best of all from now on!!

Baghira

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

*just kidding too*

Wondergirl

Petra, thank you heart2

Petra

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 Wink

*just kidding too*

Great

! Maybe one day I´ll call you! lol!

(just kidding again!)

_________________
Dear Albena, dear Maxim!
Thank you for everything!!
I wish you only the best of all from now on!!

Aliska

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

ulia

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