Jeffrey Gindin Criminal Lawyer wants to explain to you more about the procedure on filing a complaint. The procedure before the competent court (If the agreement on the recognition of a criminal offense is concluded after filing a criminal complaint, or at the stage of the investigation, or before the indictment is filed, the preliminary procedure judge decides on it, and upon the indictment, the president of the panel decides on it the Court may reject the agreement on the recognition of a criminal offense if it does not contain all the necessary information and if the defendant who is duly summoned does not appear at the hearing and has not justified his absence. The court accepts and announces the defendant guilty if the defendant consciously and voluntarily acknowledges the execution of the offense, waives the right to be punished, other evidence does not conflict with the confession of the defendant that he has committed the criminal offense and that the proposed sanction is in accordance with against the decision on the rejection or rejection of the agreement on the recognition of a criminal offense, appeal to them It is also permitted. Also, the Code has established in which cases the court may reject the agreement.
If one or more of the conditions listed are not fulfilled, or when the sentence or other criminal sanction set forth in the plea agreement clearly does not correspond to the seriousness of the criminal offense recognized by the defendant, the court shall reject the plea agreement with the decision, and the confession of the defendant given in the agreement cannot be evidence in criminal proceedings, but all the documents relating to the agreement will be destroyed. An appeal against the decision of the court on the rejection of the plea agreement may be made by the public prosecutor, the defendant and his defense counsel within eight days from the day when the decision was delivered to them. Against the verdict whereby the agreement is accepted, the appeal may be filed by all persons to whom the decision of the court is delivered, which are the parties and the defense counsel and the defense counsel. They may file an appeal on the grounds that there is a reason why the proceedings should be suspended in the course of the examination of the indictment, and if the judgment does not apply to the subject matter of the dispute.
Evaluation of the agreement and application in practice
Conclusion of the agreement on the recognition of a criminal offense in practice has an increasing scope, precisely because of its advantages, which are an increase in the efficiency of criminal proceedings, a faster resolution of cases, a reduction in costs, time savings, and the avoidance of unnecessary legal formalities while preserving and protecting the fundamental rights of entities in criminal proceedings, and, above all, the aggravated. It should be borne in mind that the criminal sanction must also be determined in accordance with the law, that is, the range determined by the law, and only an exceptional punishment can be measured below the legal minimum, that is, it can be alleviated.