Admiterea cererii de judecată în procedura simplificată

Admission of the request for trial in the simplified procedure

Abstract

One of the essential conditions for the approval of the judgment according to the simplified procedure for recognizing the accusation consists in the assessment of the court on the existence of sufficient evidence to find the truth and the fair solution of the case, as it results from the provisions of art. 349 par. 2 C.p.p.

In case the court would consider that there is not sufficient evidence to find the truth, it would be necessary to reject the request for trial in a simplified procedure, based on the recognition of the accusation, followed by the judicial research of common law.

In case the court, on the occasion of the deliberation, according to art. 393 C.p.p., is not clarified on the factual circumstances of the case, it will not order the acquittal but, according to art. 395 C.p.p., it will order the reopening of the judicial investigation, in which case...