Rapid proceedings in criminal matters.


Rapid proceedings in criminal matters.
 
Yesterday I received terrible news from my wife. Angry I got into the car to go talk to her. At one of the traffic lights a car emerged out of hand, which failed to stop and struck me. I got out of the car, I took the fire extinguisher out of my trunk and broke the windows of the other car. Without noticing, policemen saw what had happened. They took me to the district government, and there my lawyer told me that the case would be dealt with in the quick proceedings. What this means?
 
 
What is a quick production and when can I take place?
Doing a crime, the right of the state in the face of the police and the prosecutor's office is to prosecute and prove it, and to the court to sue me for this crime. In the case of rapid production, it happens exactly, but in shorter terms. Rapid production can take place against me in several hypotheses:
 
If I am caught in or immediately after committing the crime (as in my case, I was captured by the police authorities).
If there are obvious traces of the crime on my body or clothes (if for example on my clothes there are pieces of glass that I broke).
If I appear personally in front of the police authorities in the district government, the investigating authority or the prosecutor and I admit that I have done.
If an eyewitness pointed me out as the perpetrator of the crime (if a witness who saw how she breaks the windows, she testified to it).
Except in these cases, a quick proceeding may also be conducted at the discretion of the prosecutor if the offense I committed is subject to imprisonment of up to 3 years or a less severe penalty.
 
 
For example, if, by negligence (that is, not deliberately) causing average bodily harm (killing teeth, then making a difficulty or breaking the jaw) of the driver of the other car, for that crime I committed; the prosecutor may order a quick proceedings, as the punishment for such a crime is up to 1 year in prison.
 
How fast is actually fast production?
The most important feature of a rapid procedure is that it takes place in a much shorter time than cases that are dealt with by common law (that is the order in which I will pursue and judge in principle if the conditions are not met to be judged on the expedited procedure).
 
Investigation of my crime has to be carried out within 7 days of my recruitment as an accused. If the rapid proceedings were ordered by the prosecutor, the investigation should take place within 14 days.
 
So far I have understood. And how is rapid production being formed?
Rapid production occurs when an investigative body (an investigating police officer, an investigator, a prosecutor) issues an act for the first investigative action. For example, in my case, as soon as police officers inspect the vehicle whose windows I broke and write a record of it, the rapid production was formed. It is considered to me that I have committed the crime and is considered to be an accused. Once the investigation has ended, it must be brought to me. This means presenting all the evidence gathered in the case to get to know them. If the crime has been injured, the investigation is not brought to him.
 
What happens after the investigation is completed?
After the investigation is completed, the prosecutor is observed. This is the prosecutor who continuously monitors the investigation and gives instructions on how to proceed. He may suspend or suspend proceedings if there are grounds for doing so. For example, if I get sick severely, production stops. If it comes to my death, the proceedings are terminated. Suspended proceedings may continue to be considered after the ground for suspension has been dropped. In the case of discontinued production, this is not possible. The case is not considered anymore.
 
If he thinks that enough evidence has been gathered against me, he will have to charge me with an indictment by bringing him to court. This means that criminal responsibility will be sought for me and the court will decide whether to convict me or justify it.
If the judge considers that there are grounds in my favor, the prosecutor may bring an order in court with a proposal to be exempted from criminal liability by imposing an administrative penalty or to settle the case by agreement. I have been released from criminal responsibility, having only a fine without being punished. If the case ends with an agreement, we will agree with the prosecutor, for example, to reduce my punishment if I admit it as guilty.
The prosecutor may consider that further evidence should be collected or that substantial procedural violations have been committed in the investigation. In this case, he may order further investigation. It can not be more than 7 days. A violation will occur if, for example, the police do not compile a record of the car's inspection. If, according to the prosecutor, the offense committed by me is more complex and requires a more serious investigation, it may order a general investigation to be conducted. This means that prest


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Rapid proceedings in criminal matters. Rapid proceedings in criminal matters.