Caracteristicile şi valoarea juridică a recunoaşterii învinuirii în cadrul procedurii abreviate de judecată

Jud. dr. Victor Văduva

Characteristics and legal value of the admission of guilt in summary proceedings

Abstract

In the abbreviated trial procedure, the admission of guilt by the accused is a procedural act (negotium iuris), typical (its form is determined), special (it concerns a specific judicial activity), optional (its exercise is not expressly provided for by law), judicial and informal (it is a document drawn up by the defendant - one of the private official parties to the criminal proceedings), public (it is made known to all participants in the criminal proceedings), oral or written (the oral form expressed in court corresponds, with equal legal effect, to the written form embodied in an authentic instrument).

At the same time, it is a personal procedural act (it cannot be expressed through a lawyer, procedural substitute, legal or conventional representative), temporary (it...