THE ANALYSIS OF ABBREVIATED PROCEDURE FROM A PRACTICAL PERSPECTIVE
THE ANALYSIS OF ABBREVIATED PROCEDURE FROM A PRACTICAL PERSPECTIVE

Summary/Abstract: According to the new structure of the trial at the time when the defendant chooses the procedure in which he wishes to be tried, the stage of the preliminary camera is overcome, only the evidence that passed the test of loyalty and legality and which are the basis of the charge. Also, in the new conception of the legislator, the reading of the act of referral is no longer the act marking the moment of the beginning of the judicial inquiry, but this time coincides with the administration of the first probationary procedure, which basically consists in hearing the defendant - if he does not rely on the right to silence, and the court does not change the order of the judicial inquiry. This new order of the court in the first instance comes to remove one of the deficiencies of the previous legal construction, according to which the moment when the defendant could manifest his will to rely on the provisions on the simplified procedure was before reading the notification act and bringing to the attention of blame, anorder which, if it had been respected by the courts, would have been likely to create the paradoxical situation in which the defendant had to plead guiltily before he was specifically informed of the charge. The observance of the procedural moment until the defendant can manifest his will in the sense of the application of the special provisions is obligatory, the defendant cannot ask after the commencement of the judicial inquiry or in the appeal to apply the abbreviated procedure, being deprived of this right. Also, the defendant’s request for trial under the abridged procedure cannot be upheld, even if it is formulated at the first hearing, as long as the request comes after the commencement of the judicial inquiry.

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