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

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