Conținutul condiției recunoașterii în totalitate a faptelor și limitele schimbării încadrării juridice în procedura de judecată în cazul recunoașterii învinuirii
Content of the condition of full recognition of facts and the limits of changing the legal classification within the trial procedure in case of recognition of accusation
Author(s): Valentin-Cristian ȘtefanSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: trial in case of the recognition of accusation; condition of full recognition of facts; change of the legal classification.
Summary/Abstract: This study raises for discussion the condition of full recognition of facts and changing the legal classification within the trial procedure in case of recognition of accusation. A deed, which the defendant must recognize, means the act of conduct committed under both its sides, objective and subjective, as well as all the circumstances surrounding this act, regardless of their nature and of the moment when they occur in relation to the act itself. The defendant may contest the legal classification established by the public prosecutor and may benefit from the settlement of the case in simplified procedure only when the contestation against the legal classification is not based on a change of the state of facts.
Journal: Revista „Dreptul”
- Issue Year: 2015
- Issue No: 01
- Page Range: 155-164
- Page Count: 10
- Language: Romanian
- Content File-PDF