The Supreme Court returned the case against Boyan Rasate for a new consideration to the Sofia Court of Appeal for indecent actions grossly violating public order order and expressing clear disrespect for society, committed at the LGBTI community center Rainbow Hub in 2021, the court said.
The supreme judges find that the reasons in the judicial act issued by the appeal court are incomplete.
They emphasize that it is the sovereign right of the trier of fact to form its own internal conviction on the credibility, reliability and sufficiency of the evidence and evidence.
However, its legal exercise requires a thorough and comprehensive analysis of every element of the evidentiary materials, which is not revealed by the content of the contested judicial act.
With a verdict of June 24, 2022, the Sofia City Court convicted Boyan Rasate for committing indecent acts in complicity with persons not identified in the case.
He was acquitted of criminal liability, being imposed a “fine" in the amount of BGN 3,000. He was acquitted on the charge that the act was carried out with extreme audacity.