Post by roselin10 on Dec 5, 2023 4:15:49 GMT -5
Procedure taking into account the defendant s admission of guilt Therefore if the defendant requests that the trial take place in the simplified procedure The court proceeds to listen to him if the manifestation of will was not expressed by an authentic document in the sense of recognizing the factual situation retained in his responsibility in the referral act and the request to be judged on the basis of the evidence administered during the criminal investigation phase and the documents presented by the parties and the injured person Thus the formula used by the legislator in art paragraph of the CPP the court proceeds to listen to him when regulating the procedure in the case of admission of guilt by referring.
To the one used in the marginal title of art of the CPP Hearing the accused Email Lists when it regulates the judicial investigation in joint procedure it reflects the fact that we are in the presence of documents with legal value and distinct finality Therefore the hearing takes place in order to determine the court procedure that will be adopted and the hearing represents the evidentiary procedure through which the defendant s statement is obtained as a means of evidence in the joint court procedure Therefore in order to precisely it is necessary according to art paragraph of the Civil Code so that he is asked by the court if he recognizes the accusation brought against him as it is contained.
In the indictment If the defendant claims that he wants to be tried in the simplified procedure admitting the fact he is accused of but at the same time shows that he is exercising his right to remain silent such a procedural position should lead to the rejection of the request the defendant to be judged in the simplified procedure since the lack of possibility for the court to ask him questions in order to establish his procedural position contradicts the principle of finding the truth provided by art Cpp It should also be mentioned that after the freely expressed agreement to be judged in a simplified procedure the defendant can no longer waive his request during the course of the criminal process as it is irrevocable After listening to the defendant the conclusions of the prosecutor the civil party.
To the one used in the marginal title of art of the CPP Hearing the accused Email Lists when it regulates the judicial investigation in joint procedure it reflects the fact that we are in the presence of documents with legal value and distinct finality Therefore the hearing takes place in order to determine the court procedure that will be adopted and the hearing represents the evidentiary procedure through which the defendant s statement is obtained as a means of evidence in the joint court procedure Therefore in order to precisely it is necessary according to art paragraph of the Civil Code so that he is asked by the court if he recognizes the accusation brought against him as it is contained.
In the indictment If the defendant claims that he wants to be tried in the simplified procedure admitting the fact he is accused of but at the same time shows that he is exercising his right to remain silent such a procedural position should lead to the rejection of the request the defendant to be judged in the simplified procedure since the lack of possibility for the court to ask him questions in order to establish his procedural position contradicts the principle of finding the truth provided by art Cpp It should also be mentioned that after the freely expressed agreement to be judged in a simplified procedure the defendant can no longer waive his request during the course of the criminal process as it is irrevocable After listening to the defendant the conclusions of the prosecutor the civil party.