ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT ADMITTANCE, NEW JUDICIAL INSITUTIONS FOR A CRIMINAL TRIAL OF HIGHER QUALITY
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal procedure) by its provisions in the content of art 374, alignment 4, as it has been modified by Government Emergency Ordinance and introducing new ones, such as the guilty plea (art 478-488) under the circumstances of modifying GEO nr 18/2016 a special procedure meant to insure the judging of causes with celerity. Both procedures have a common component given by the guilt plea from the defendant, having an additional condition in the case of the guilty plea, besides the aforementioned one, which is the one of accepting the legal classification of the offence for which the criminal proceedings were commenced. The two legal institutions ensure the compliance with the procedural guarantees of the right to a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence, under conditions stipulated by law. Furthermore, by admitting the guilt and the legal classification of the offence by the defendant found guilty, in the two procedures also takes place a confirmation of the legality and compliance of the evidence submitted in the course of criminal proceedings.
Authors and Affiliations
Rodica Aida POPA
Keywords
Related Articles
- EP ID EP296955
- DOI -
- Views 132
- Downloads 0
CRIMINAL PROFILING IN CRIME INVESTIGATION
This article proposes a theoretical and practical approach of the criminal profiling and underlines its importance for the criminal investigation domain. The process by which are indicated the personality characteristics...
JUSTICE AT THE CROSSROADS: BETWEEN THE MAINTENANCE OF THE COOPERATION AND VERIFICATION MECHANISM AND ITS RAISINGS
Although it is a highly debated topic, Report of the Cooperation and Verification Mechanism for the judiciary (CVM) is a taboo subject, stirring both political forces and judicial institutions in Romania. Even though pro...
TERMINATION OF PREVENTIVE MEASURES – COMPARATIVE LAW ISSUES
Preventive measures are one of the most important institutions of the criminal procedural law, because of the fact that by taking it the freedom of the citizen is restricted - one of the most important constitutional rig...
PERSPECTIVES ON THE RULE OF LAW IN A MODERN DEMOCRACY
The nurturing presence of law within a state is, in a modern society, not open for debate. In fact, the absence of law or the lack of its enforcement has been considered as the main symptom of failed states. But the conc...
CONSCIENTIOUS OBJECTION TO VOLUNTARY ABORTION
This paper is the result of exploring the contact zone between the freedom of conscience (and religion) exercised by professionals providing healthcare services, in the form of conscientious objection, and the right to v...