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Abstract
During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320from former Code of Criminal procedure) by its provisions in the content of art 374, alignment 4, as it has been modified by Government Emergency Ordinance and introducing new ones, such as the guilty plea (art 478-488) under the circumstances of modifying GEO nr 18/2016 a special procedure meant to insure the judging of causes with celerity. Both procedures have a common component given by the guilt plea from the defendant, having an additional condition in the case of the guilty plea, besides the aforementioned one, which is the one of accepting the legal classification of the offence for which the criminal proceedings were commenced.
The two legal institutions ensure the compliance with the procedural guarantees of the right to a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence, under conditions stipulated by law.
Furthermore, by admitting the guilt and the legal classification of the offence by the defendant found guilty, in the two procedures also takes place a confirmation of the legality and compliance of the evidence submitted in the course of criminal proceedings.
Keywords: simplified procedure, guilty plea, admittance of guilt, legal classification of offences, quality of the criminal proceedings.
1. Introduction
1.1. Procedure of admitting the acts by the defendant.
The Romanian legislature has consolidated the new institution of admitting facts to be totally under the accused responsibility as it has been regulated and modified in the contents of art 374, Alignment 4 from the Criminal Procedure Code with reference to art 375 and 377 from the same Code. So, if in the art 374, alignment 4 exists the legal obligation for the president of the court in first instance to inform the defendant that he may request the trial by simplified procedure, in two other norms, of distinct nature there have been regulated procedure in the case of admittance of guilt,...