The consent of the accused in the speedy trial allows him to benefit from the reduction of one third of the sentence requested by the prosecution.
What is the conformity of the defendant in the speedy trial?
The defendant's consent is a statement made by the defendant voluntarily admitting the facts and showing his agreement with the request for the higher penalty required by the accusations.
The consent of the accused in a speedy trial implies that it is not necessary to convene a trial and a sentence is issued in accordance by the investigating judge on duty with the effect of res judicata, in addition to the reduction of one third of the highest penalty requested.
In what crimes can the speedy trial procedure be used?
The crimes that can be prosecuted as quick trials, are collected in art. 795 LEC.
It must be crimes in which the following circumstances occur:
1. That the sentence to be imposed does not exceed 5 years in prison or 10 years in the case of other sentences other than prison.
2. That they are flagrant crimes.
3. That it has been initiated by means of a police report.
The crime that was being committed or has just been committed when the offender is caught in the act shall be considered a flagrant crime.
Surprised in the act will be understood not only to the offender who is arrested at the time of committing the crime, but also to the arrested or persecuted immediately after committing it.
Anyone who is caught immediately after committing a crime with effects or instruments that allow him to presume his participation in it will also be considered a red-handed criminal.
4. That it is one of the following crimes.
a) Crimes of injuries, coercion, threats or habitual physical or mental violence, committed against the persons referred to in article 173.2 of the Penal Code.
b) Crimes of theft.
c) Crimes of theft.
d) Crimes of theft and theft of use of vehicles.
e) Crimes against traffic safety.
f) Crimes of damage referred to in article 263 of the Penal Code.
g) Crimes against public health provided for in article 368, second paragraph, of the Penal Code.
h) Flagrant crimes related to intellectual and industrial property provided for in articles 270, 273, 274 and 275 of the Penal Code.
Where is the figure of conformity described in the speedy trial?
Everything related to conformity in speedy trials is described in articles 795 and following of the Law of Criminal Procedure.
When does the conformity have to be presented in the quick trials?
In fast trials, the defendant's agreement with the accusation of the Public Prosecutor must be made in the same act of presentation of the Prosecutor's indictment before the court of duty.
What consequences does the conformity of the accused have in the speedy trial?
What most characterizes the demonstration in accordance with the sentence required by the person under investigation is that only one third of the sentence proposed by the prosecution will be applied as a sentence.
In other words, there is a reduction of one third of the requested sentence as long as the person under investigation agrees and accepts the indictment drawn up by the Public Prosecutor's Office, which implies accepting and being in agreement with the description of the facts and grounds for collected right.