Certain Aspects concerning Trial under Admission of Guilt
Certain Aspects concerning Trial under Admission of Guilt
Author(s): Mihai OlariuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: trial phase; trial phase-specific principles; trial under admission of guilt
Summary/Abstract: The trial under admission of guilt is an abbreviated procedure relying on a guilty plea, and it may be applied if the conditions stipulated in the New Criminal Procedure Code are fulfilled. One of these conditions is for the defendant to fully admit of the deeds presented by the prosecutor in the indictment (he must not, however, admit the same upon the legal classification of offences). Pursuant to the simplified procedure, in the case of conviction or postponement of the application of the sanction, the punishment limits stipulated under the law are reduced by one third for imprisonment, and by one fourth for fine sanctions. The present article is a a continuation of the author’s own research and it represents a clear comment regarding trial under admission of guilt according to the New Criminal Procedure Code, in the purpose of understanding the legislator’s intention and how the new regulations will apply.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 10/2014
- Issue No: 1
- Page Range: 64-74
- Page Count: 11