What is a Petition?
A petition is an official request document submitted to the court by the public prosecutor in the expedited trial procedure. It serves as the formal document through which the prosecutor requests the court to apply the expedited trial procedure.
In short, the petition is the prosecutor's judicial document that informs the court about:
- The procedure has been offered to the suspect,
- The suspect has accepted the procedure in the presence of their defense attorney,
- The sanction to be applied,
- All procedural conditions have been met.
When is the Petition Prepared?
The petition is prepared after certain steps in the expedited trial process are completed. These steps include:
- The public prosecutor offers the expedited trial procedure to the suspect – this offer must be made in the presence of the defense attorney.
- The suspect accepts the expedited trial procedure and the applicable sanction – the acceptance must be clear and unambiguous.
- The record of acceptance of the expedited trial procedure is prepared – the prosecutor documents the offer and acceptance in this record.
Once these three steps are completed:
The petition is prepared by the public prosecutor and submitted to the court. The court reviews the petition, holds a brief hearing, and issues its decision.