Case law opinions regarding the possibility to deliver an acquittal decision in case the court admits the simplified trial procedure

DEZBATERI

Abstract

The article considers the existence of a non-unitary practice at the courts level regarding the possibility of an acquittal decision for the defendant/defendants if the court admits the simplified trial procedure. Thus, some courts have assessed that admission of the simplified trial procedure provided by the Criminal Procedure Code is not incompatible with an acquittal decision, while other courts have considered that, in the event of hearing the case in the procedure of admitting the accusation, it is not possible to deliver an acquittal decision. The authors of the article combat the first solution and argue on the second one, which they adopt. In fact, the legal arguments provided by the authors of the article were confirmed by the High Court of Cassation and Justice decision, issued in RIL no. 4 of 11 February 2019. 

Keywords: acquittal; simplified trial procedure