Features of simplified proceedings regarding criminal offenses in the court of first instance

نویسندگان

چکیده

Summary court proceedings regarding criminal misdemeanors are a differentiated type of in the first instance. Three forms simplification singled out, particular: 1) with accelerated holding trial session; 2) without 3) examining evidence those circumstances that not contested by anyone. The list documents, presence which is prerequisite for consideration indictment order summary proceedings, has been determined. author states proceeding session limits right to fair trial, provided Convention on Protection Human Rights and Fundamental Freedoms. It established, features offenses are: procedural speed; form; greater efficiency compared "usual" form proceedings; 4) changed structure proof process; 5) modification (restriction) certain principles proceedings. definition proposed. grounds conducting simplified manner have determined, legal material ground (qualification accused's act as misdemeanor); grounds: a) consent this procedure indictment; b) undisputed recognition accused his/her guilt committing incriminated misdemeanor; c) (non-dispute) established during investigation; d) prosecutor's initiative (petition) consider

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ژورنال

عنوان ژورنال: ScienceRise

سال: 2022

ISSN: ['2519-4798', '2519-478X']

DOI: https://doi.org/10.15587/2523-4153.2022.265189