Certain Aspects Concerning Trial under Admission of Guilt

AuthorMihai Olariu
PositionSenior Lecturer, PhD, Faculty of Law, Department of Law Sciences, Romanian American University, Bucharest, Romania
Abstract: The trial under admiss
it may be applied if the conditio
of these conditions is for the def
indictment (he must not, howe ve
to the simplified pr ocedure, in
sanction, the punishment limits
and by one fourth for fine san
research and it represents a clea
New Criminal Procedure Code, i
new regulations will apply.
Keywords: trial phase; trial phas
1. Trial – Important Ph
In the criminal procedure
(Dongoroz et al., 1976, p.
restrictively concerns the l
on a criminal case. Howeve
criminal procedure stages,
out by the law court.
The notions of criminal
material fact that leads to t
conflict is taken into acc
mistaken for the notion o
taken in order to settle the c
Senior Lecturer, PhD, Facul
University, Bucharest, Roman
Corresponding author: avmihaiol
IS DANUBIUS Vol. 10, no. 1/20
Certain Aspects concerning Trial und
Admission of Guilt
ission of guilt is an abbreviated procedure relying on a g uilty ple
itions stipulated in the New Criminal Pr ocedure Code are fulfilled
defendant to fully a dmit of the deeds presented by the prosecutor
wever, admit the same upo n the legal classification of offences). Pu
in the case of conviction or postponement of the application
its stipulated under the law are reduced by one third f or imprison
anctions. The present article is a a continuation of the author’ s
lear comment regarding trial under admission of guilt according
e, in the purpose of unders tanding the legislator’ s intention and ho
hase-specific principles; trial under admission of guilt
Phase in the Criminal Procedure
dure law terminology, the notion of trial has two defini
1976, p. 119; Neagu, 2010, p. 175). Thus, the concept of
he logical operation through which the panel of judges
ever, in much broader terms, the trial represents one of
ges, made up of a combination of activities mainly ca
nal “case”, “triggering event”, or “affair” represents
to the initiation of the criminal procedure; the crimina
account. The concept of “criminal case” should not
on of “process”, which concerns the complex of meas
he criminal law conflict. (Pop, 1948, p. 182)
culty of Law, Department of Law Sciences, Romanian Am
ania. Expozitiei Blv., no. 1B, Bucharest, Phone: 02120202
iolariu@yahoo.com AUDJ, vol. 10, no. 1/2014, pp.
no. 1/2014
plea, and
lled. One
tor in the
n of the
or’ s own
ng to the
how the
of trial
es rules
one of the
nts the
inal law
not be
p. 64-74

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