CONSIDERAȚII REFERITOARE LA CONTROVERSATA IMPLEMENTARE A PROCEDURII INSTITUITE DE ART. 3201 DIN CODUL DE PROCEDURÃ PENALÃ

The study aims to analyze, as indicated by the title itself, the controversies generated by the implementation of the institution known in practice as „simplified trial procedure in case of acknowledgement of guilt”. The analysis is structured in two sections. The first section analyzes the controversies, already debated by the Constitutional Court, regarding the possibility of enforcing the provisions of art. 3201 of the Code of criminal procedure in case of temporary situations (namely the defendants brought to trial under the ancient laws, but who have surpassed the procedural moment of commencement of forensic investigation) and the requirements necessary for the dismissal of the enforcement request of simplified procedure. The second section describes the controversies to be debated, relative to the possibility of pronouncement of an acquittal order or suspension of the criminal trial in case of simplified procedure, as well as the possibility of removing these provisions in the means of appeal. The study pleads for a legislative intervention which should amend the current editorial content of art. 3201 by such manner so that the judge is no longer limited textually only at the pronouncement of the conviction order. Otherwise, the trial in case of acknowledgement of guilt could easily concede its position to conviction in case of acknowledgement of guilt.