2012
Discutions about the procedure in case of recognition of guilt (guily plea) - Oana-Camelia Cotoc and Alina-Mihaela Ferenț
The art. 3201 of the Criminal Procedure Code was introduced by Law no. 202/2010 regarding some measures for the acceleration of trials’ settlement and it establishes a special procedure in which the defendant can recognize its guilt. In the law’s Motives Explanation it is shown that the introduction in the Criminal Procedure Code of this new institution answers the need of the trail’s efficacy and it contributes to the removal of a difficult and slow procedure. Shortly after coming into force this procedure raised many discussions like the applicability in case of minors, the way in which the judge will proceed if only some of the defendants request to use this procedure, the procedure’s applicability in case of trials started before the law’s coming into force etc. Some of these problems were solved by the Constitutional Court’s decision no. 1470/2011 and the changes brought by O.U.G no. 121/2011. This simplified procedure is stipulated in a slightly changed form in art. 373 of the New Criminal Procedure Code.
Keywords: criminal procedure, admission of guilt, admission of fact, art. 3201, special procedure, simplified procedure, the procedure in case of recognition of guilt, the reduction of punishment limits.
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