THE EFFECTS OF GUILTY PLEA AFTER THE START OF COURT INVESTIGATION. CHANGE OF CHARGES FOR THE OFFENCE

Abstract

The aim of this paper is to analyze the legal provisions governing the guilty plea procedure in the case of guilty plea and the procedure to be followed if it appears necessary to change the charges for the offense for which the defendant has been sued. In the case under consideration, the court proceeded to change the legal classification of the deed, after the beginning of the court investigation, and after the defendant had challenged all the evidence administered during the criminal prosecution, and, receiving the statement of acknowledgment of the defendant after the change in the legal classification of the deed, wrongly attributed to it, the value of an application for the application of the simplified procedure, although the time-limit for that procedure had already expired. The court of appeal found that the criticism regarding the application of the guilty plea procedure was well founded, as the court ordered the beginning of the court investigation as a result of the fact that, at the court interpellation, according to art.374 Code of Criminal Procedure, the defendant has testified that he does not acknowledge the facts. Analyzing th legal provisions of the Criminal code of Procedure, I appreciate that the decision of the appeal court is correct although the applicability of art. 396 paragraph 10 did not influence the punishment applied nor did it in any way breached the rights of the parties to the proceedings.