Mediation and abbreviated trial procedure in case of a guilty plea. Procedure and compatibility of the two institutions in practice.
A new article has been published in the Journal of Notes and Legal Studies.
The author summarizes the identified problems that occur in practice in cases where both procedures are applied at the same time.
Also, the author concludes that, in order to assure a protection of the defendant’s right to a fair trail, it is preferred for him to request at the first hearing when all parties have been legally summoned to be admitted by the Court, on one hand, the possibility to follow the abbreviated trial procedure in case of a guilty plea and, on the other hand, an adjournment based on presentation of the mediation contract regarding one or more charges, the Court proroguing the defendant’s hearing for the admission of its request to be trialed by following the abbreviated trial procedure after the resumption of the trial.
Source: Published on Juridice.ro (in Romanian)
