How Many Stages Does the Serial Trial Procedure Consist Of?

The Serial Trial Procedure is a fast and efficient judicial method that can be applied during the investigation phase for certain minor offenses. For this procedure to be conducted properly, the process is organized into a sequence of specific steps.

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Expedited trial procedure consists of three main stages:

1. Summoning the Suspect with Reminder of Rights

In the first stage, the public prosecutor:

  • Reminds the suspect of their rights,
  • Provides necessary legal information,
  • Invites the suspect to the prosecutor's office

to prepare for the procedure.

During this stage, the suspect is reminded of:

  • The right to have a defense attorney,
  • The right to remain silent,
  • The right to present evidence in their favor

and other fundamental criminal procedure rights.

This stage is mandatory for the expedited trial offer to be valid.

2. Informing the Suspect About the Expedited Trial Procedure

In the second stage, the prosecutor personally explains the expedited trial procedure to the suspect.

  • It must be done in the presence of the defense attorney,
  • It must be clear, understandable, and complete.

The prosecutor explains:

  • What the expedited trial procedure is,
  • What the conditions of the procedure are,
  • How much reduction in penalty will be applied if accepted,
  • How the normal investigation process will proceed if rejected.

The procedure cannot be offered without this explanation.

3. Offering the Expedited Trial Procedure and Sanction

After the explanation, the process moves to the third stage.

In this stage, the prosecutor:

  • Offers the expedited trial procedure,
  • The sanction to be applied (type and amount of penalty),
  • Any security measures, if applicable

to the suspect.

The suspect must accept this offer:

  • In the presence of the defense attorney,
  • Clearly, voluntarily, and without hesitation

If the suspect accepts the offer, a record of acceptance of the expedited trial is prepared and the process proceeds to the request stage.

28.03.2024 15:00

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