Expedited Criminal Proceedings: Rules and Requirements

Speedy Trials

This occurs in cases where either the actual characteristics of the offense or the circumstances surrounding it permit sentencing proceedings to be conducted quickly, omitting unnecessary steps and speeding up the contributions of the various organs involved. The rules governing this process have no special comprehensive regulation of all its procedures within the Criminal Procedure Code (CPP).

Requirements for Application

The first requirement for the application of this procedure concerns the severity of the crime's punishment: a crime punishable by up to five years imprisonment, a sentence of a different nature not exceeding ten years, or a fine of any amount, and prosecution before the criminal court.

The second requirement is that the process must be instituted by a police report, and the investigation must conclude with the suspect being arrested and remanded in custody.

The third requirement takes into consideration the nature and circumstances of the offense intended. These include:

• Flagrant crimes.
• Crimes requiring only a simple a priori statement.
• Larceny.
• Crimes against intellectual property.
• Domestic violence.

As a last requirement, it is essential that the evidence gathered is sufficient to open the trial; otherwise, the court shall order the pre-trial proceedings to continue under the standard shortened procedure.

Judicial Police Actions

The judicial police shall perform, beyond what is usually provided in the summary procedure, two types of proceedings:

1. Obtaining necessary valuations.
2. Summoning those who must appear before the Night Court.

Duty Judge's Role

The duty judge, if necessary and in light of the police report and accompanying actions, may initiate urgent proceedings requiring the presence of the prosecution and ensuring the possibility of contradiction by the defendant.

The content of these urgent measures includes:

1. First, examining the police actions.
2. Second, practicing recognition of the accused if it were pertinent and if witnesses were present.
3. Finally, obtaining the defendant's criminal record.

Conclusion of Hearing

Once these steps are completed, the duty judge shall hear the parties and the public prosecutor regarding the sufficiency of the proceedings and the opening of the trial.

Outcomes

• If the judge believes the facts do not constitute crimes, an order of discharge shall be issued.
• If the judge understands that the evidence is not enough to render a judgment, an order for the pre-trial proceedings to continue as the shortened procedure shall be dictated.
• If the evidence is found sufficient, the judge will dictate proceedings for trial.