What are the reasons for using a conviction without a hearing?
Allowing the accused to impose a penalty is a reward for his attitude in the investigation (investigation).
According to art. 335 § 1 of the Code of Criminal Procedure (Kpk), if the accused pleads guilty, and in the light of his explanations, the circumstances of committing a crime and wine do not raise the issue of the Pigs and the accused’s attitude indicates that the objectives of the proceedings will be achieved. If there is a need to assess the credibility of the submitted explanations, the evidence is taken only in the necessary to that extent. In any case, if it is necessary to secure traces and evidence of the crime before loss, distortion or destruction, necessary steps should be carried out, and in particular inspected, if necessary with the expert, search or activities listed in Article 74 § 2 point 1 in relation to the suspect, as well as take other necessary steps towards it, including the collection of blood, hair and body secretions. The prosecutor, instead of the indictment, then applies to the court for the issuing of a conviction at the meeting and the verdict of penalties agreed with the defendants or other means provided for the alleged offense, also taking into account the legally protected interests of the aggrieved party. The reconciliation may also include the issuance of a specific decision regarding the costs of the proceedings. Such a request shall, as a general rule, apply provisions relating to the indictment. The justification for such a conclusion is limited to indicating evidence that the circumstances of the act and guilt of the accused do not raise the concern and that the objectives of the proceedings will be reached without a hearing.
According to art. 335 § 2 of the Code of Criminal Procedure, the prosecutor may attach to the indictment a motion for issuing a conviction and convicting penalties agreed with the defendants or other means provided for alleged offenses, also taking into account the legally protected interests of the aggrieved party, if:
- circumstances of committing the offense and fault of the accused do not raise the issue of the Pigs,
- statements of evidence submitted by the accused do not contradict the arrangements made, a
- the accused’s attitude indicates that the objectives of the proceedings will be achieved.
Importantly, it can not be about crime, only vice. The reconciliation may also include the issuance of a specific decision regarding the costs of the proceedings. The justification for such a conclusion is limited to indicating evidence that the circumstances of the act and guilt of the accused do not raise the concern and that the objectives of the proceedings will be reached without a hearing.
The premise for the use of self-deposition mode is therefore no information about the circumstances of the crime. It is not possible to apply a conviction without a hearing, for example when the accused changes the explanation about the crime occasionally or when other evidence collected during the proceedings indicate a different factual situation than that which results from the defendant’s explanations.
A conviction without trial can only be applied if the accused’s attitude indicates that the objectives of the proceedings will be reached, despite the failure to conduct the hearing. Therefore, it will not be possible to apply a conviction without trial, when the accused’s attitude is characterized by disregard for the administration of justice, lack of reflection on the crime committed, pride of crime, etc.
The prosecutor, agreeing with the accused of the content of any of the above applications, instructs him about the content of art. 447 § 5 of the CCP (according to this pPlet: ” The basis of the appeal may not be the charges referred to in Article 438, points 3 and 4, related to the content of the agreement referred to in Article 343, Article 343a and Article 387 “) The instruction shall be annotated on the case file.
How does the proceedings proceed if you meet the conditions for conviction without trial?
As indicated, if the above mentioned conditions occur, then the prosecutor may attach to the bill of indictment an application for a conviction and a verdict agreed with the accused of a penalty or a criminal measure. If the conditions for making a request are present (and especially in the light of the evidence gathered to explain the suspect and the circumstances of the criminal act, they do not raise the focus), further evidentiary actions may not be taken in the preparatory proceedings.
If art. 46 of the Penal Code, that is, to make the damage reparation, the court may make the application for issuing a conviction and ordering the punishments or other measures agreed upon with the defendants in whole or in part or compensation for the harm suffered.
Taking into account the application is possible only if the aggrieved party, duly notified about the date of the meeting, does not object.
The court may make the application conditional on the change made by the prosecutor in the prosecutor’s office, approved by the accused.
Evidence proceedings are not carried out. As regards the prosecutor’s request for the conviction of a defendant without trial, the court rules at the meeting. The prosecutor, the accused and the victim have the right to take part in the meeting. Their participation in the meeting is obligatory if the president of the court or court orders it. By notifying the victim about the meeting, he is instructed about the possibility of terminating the proceedings without conducting a hearing and by making a prior declaration that he will act as an auxiliary prosecutor.
If the application for conviction without a hearing is justified, then the court will take it into account. Taking into account the request, the court may apply extraordinary mitigation of the penalty, conditionally suspend the execution of the sentence or order only a criminal remedy. The court using these institutions is not completely free in its operation.
In addition to these restrictions, some more relaxed treatment of statutory provisions is also provided for. In the case of extraordinary mitigation, as well as in the application of conditional suspension of imprisonment, these institutions may be used in other situations than those provided for in the Penal Code. Therefore, the court is not obliged to apply extraordinary mitigation of punishment or conditional suspension of the execution of the penalty only if it is provided for in the Act. The court may also apply them depending on its discretion in other cases.
Before considering the application, the court instructs the accused about the content of art. 447 § 5.
The court, having regard to the application, condemns the accused by a verdict.
If the court decides that there are no grounds to consider the application referred to in art. 335 § 1 of the Code of Criminal Procedure, returns the case to the prosecutor.
If the application referred to in art. 335 § 2, the case is subject to examination on general principles, and the prosecutor, within 7 days from the day of the meeting, performs the activities specified in art. 333 § 1 and 2 (according to these provisions, and the prosecution should also include: a list of persons called by the prosecutor, list of other evidence that the prosecutor demands at the main hearing. staying abroad or having to ascertain circumstances which the accused did not deny in his or her explanations, and these circumstances are not so significant that it is necessary to directly hear witnesses at the hearing, this does not apply to persons mentioned in Article 182).
- The court, having regard to the application, condemns the accused by the verdict,
- If the court decides that there are no grounds to consider the application for a conviction without trial, the case is to be examined on general terms.
- Act of June 6, 1997 – Code of Criminal Procedure (Journal of Laws 1997, No. 89, item 555, as amended);
- the Act of June 6, 1997 – the Penal Code (Journal of Laws of 1997 No. 88, item 553, as amended).