Aspects of guilty plea and procedure of guilt admittance, new judicial institutions for a criminal trial of higher quality

• Author: Rodica Aida Popa
• Position: Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest, High Court of Cassation and Justice, Criminal Section (e-mail: aidap@scj.ro).
• Pages: 103-109

LESIJ NO. XXIV, VOL. 2/2017

ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT

ADMITTANCE, NEW JUDICIAL INSTITUTIONS FOR A

CRIMINAL TRIAL OF HIGHER QUALITY

Rodica Aida POPA

Abstract

During the broad reform process that has taken place in recent years for the criminal proceeding

activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there

have been changes of some legal institutions from the old Criminal Code, such as the procedure of

admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal

procedure) by its pro visions in the content of art 3 74, alignment 4, as it has been modified by

Government Emergency Ordin ance and introducing new ones, such as th e guilty plea (art 478-488)

under the circumstances of modifying GEO no. 18/2016 a special procedure meant to insure the

judging of causes with celerity. Both procedures have a common component given by the guil t plea

from the defendant, having an additional condition in the case of the guilty plea, besides the

aforementioned one, which is the one of a ccepting the legal classification of the offence for which the

criminal proceedings were commenced.

The two legal institutions ensure th e compliance with the procedural guarantees of the right to

a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence,

under conditions stipulated by law.

Furthermore, by admitting the guilt and the legal classification of the offence by the defendant

found guilty, in the two procedures also takes place a confirmation of the legality and compliance of

the evidence submitted in the course of criminal proceedings.

Keywords: simplified procedure, guilty plea, admittance of guilt, legal classification of offences,

quality of the criminal proceedings.

1. Introduction

1.1. Procedure of admitting the acts

by the defendant.

The Romanian legislature has

consolidated the new institution of admitting

facts to be totally under the accused

responsibility as it has been regulated and

modified in the contents of art 374,

Alignment 4 fro m the Criminal Procedure

Code with reference to art 375 and 377 from

 Lecturer, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest, High Court of Cassation and

Justice, Criminal Section (e-mail: aidap@scj.ro).

the same Code. So, if in the art 374,

alignment 4 exists the legal obligation for

the president of the court in first instance to

inform the defendant that he may request the

trial by simplified procedure, in two other

norms, of distinct nature there have been

regulated procedure in the case of

admittance of guilt, in art 375 and

respectively judicial inquiry in the case of

guilty plea, art 377. The guilty plea by the

defendant only based on evid ence gathered

during criminal prosecution and based on

documentary evidence brought by parties