Legalitatea și examinarea cauzelor conform procedurilor sumare

Abstract

In a modern society that respects all democratic principles, respect for the right to a fair trial is one of the main concerns of the state. Motivation of judgments is a particular feature of the process of justice, which is meant to increase the force of the judicial act of disposition. This task is performed to facilitate the understanding of the provision of the judicial act and implicitly, its acceptance by both the parties involved in the process and the members of the society. The institution of summary procedures in recent years has experienced a progressive trend, with European states trying as much as possible to reduce the burden of court files and judicial bodies, which are vested with powers of examination of special criminal cases. It is desired to relieve the courts of law from the large volume of cases and increase the operability of their instrumentation, by mass simplification of the criminal process, especially at the trial stage of the case. By virtue of the principle of the resolution of cases by the courts according to the principle of full jurisdiction, irrespective of the procedure in which the case was examined, the court must be free to ascertain the facts and enforce the right, without being linked in any way to the position exposed in the transaction between the accusation and the defense.