Post by roselin10 on Dec 5, 2023 4:15:37 GMT -5
New evidence A second method consists in conducting the judicial investigation in a simplified the civilly responsible party and the injured person are taken regarding the fulfillment of the conditions for applying the simplified procedure Cumulative conditions for applying the simplified court procedure The defendant can express his will to be tried in a simplified procedure at the first term at which the summoning procedure is legally completed and the case is in a state of judgment after the reading of the referral act but until the time of the start of the judicial investigation The criminal action against the defendant does not involve a crime punishable by life imprisonment Therefore certain crimes against national security.
Come of the crimes against the fighting capacity of the armed forces crimes of Special Data genocide and crimes against humanity are excluded from the application of the simplified procedure for judicial investigation The defendant must request that the judgment be based on the evidence administered during the criminal investigation as well as new documents which can be presented by the parties and the injured person Regarding the evidence administered during the criminal investigation since in the preliminary chamber phase the judge of the preliminary chamber excludes evidence that does not meet the condition of legality and loyalty when the defendant evidence administered during the criminal investigation it is actually understood that he requests to be judged on the basis of those evidences that were not excluded in the preliminary.
Chamber phase The defendant must fully acknowledge the facts held against him Due to the existence of this condition the situation where the defendant partially recognizes the accusation as it is formulated in the indictment is excluded from the application of the simplified procedure As a consequence the judicial investigation will not be carried out in the accelerated procedure when the defendant admits only part of the facts held against him by the indictment In the event that the defendant contests the subjective elements of the crime brought to trial the solution can only be rejection for example the defendant admits the act of killing the victim but invokes the fact that he did not commit it with intent but.
Come of the crimes against the fighting capacity of the armed forces crimes of Special Data genocide and crimes against humanity are excluded from the application of the simplified procedure for judicial investigation The defendant must request that the judgment be based on the evidence administered during the criminal investigation as well as new documents which can be presented by the parties and the injured person Regarding the evidence administered during the criminal investigation since in the preliminary chamber phase the judge of the preliminary chamber excludes evidence that does not meet the condition of legality and loyalty when the defendant evidence administered during the criminal investigation it is actually understood that he requests to be judged on the basis of those evidences that were not excluded in the preliminary.
Chamber phase The defendant must fully acknowledge the facts held against him Due to the existence of this condition the situation where the defendant partially recognizes the accusation as it is formulated in the indictment is excluded from the application of the simplified procedure As a consequence the judicial investigation will not be carried out in the accelerated procedure when the defendant admits only part of the facts held against him by the indictment In the event that the defendant contests the subjective elements of the crime brought to trial the solution can only be rejection for example the defendant admits the act of killing the victim but invokes the fact that he did not commit it with intent but.