Who Offers the Serial Trial Procedure to the Suspect

The person who offers the serial trial procedure to the suspect

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Who Offers the Expedited Trial Procedure to the Suspect?

The expedited trial procedure can only be offered to the suspect by the public prosecutor.

This offer is made during the investigation phase and the procedure can only be applied if the suspect explicitly accepts it in the presence of their defense attorney.

Legal Basis: CMK Article 250/2

"The public prosecutor offers the expedited trial procedure to the suspect in order to apply this procedure."

Furthermore, the same article clearly states that the offer can be made only by the prosecutor. Therefore, any offer made by law enforcement (police, gendarmerie), the court, a duty prosecutor, or any other authority is legally invalid.

How Does It Work in Practice?

  1. Public prosecutor determines that the case falls within the scope of the expedited trial.
  2. The suspect is informed about the procedure in the presence of a defense attorney.
  3. The prosecutor makes the expedited trial offer.
  4. If the suspect accepts, the prosecutor prepares a petition and submits it to the criminal court of peace.
  5. If the judge accepts the petition, a judgment is issued.
28.03.2024 14:45

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