Judgment of the case according to the simplified procedure in the case of recognition of the accusation. Return to the declaration of recognition of the accusation given according to art. 375 of the Code of Criminal Procedure. Inadmissibility

DREPT PENAL ȘI DREPT PROCESUAL PENAL

Abstract

Following the admission of the court summons according to the simplified procedure, the defendant cannot return anymore to this option during the criminal proceedings (not even in relation to a part of the actual circumstances of the referred offense), and his declaration of recognition of the guilt is irrevocable, an aspect which, even if is not expressly set forth by law- shall be deducted from the entire regulation. It is true that in the case in which the position adopted by the defendant is that of recognition of the offense in terms of its materiality, the court is further required to turn to advantage such a position in the procedural plan only in the case in which the evidence is sufficient to allow the clear and complete establishment of the manner in which the offense was committed. The requirements for complying with the principle of finding the truth shall necessarily impose to immediately produce the whole evidence, despite of the procedural position of the defendant, as only in this way it could be established, beyond any reasonable doubt, the concrete content of the offenses committed by the defendant and their criminal nature. On the other hand, as long as the evidence produced during the criminal prosecution, completely appropriated by the defendant, shows - beyond any reasonable doubt - the facts acknowledged in the document instituting the proceedings, the return to the declaration of recognition of the accusation given according to art. 375 of the Code of Criminal Procedure is not admissible.