Issues of Improving the Order of Special Proceedings in Cases of the Consent of the Accused with the Charges

Abstract

The author analyses some conditions for the application of a special trial procedure in cases when the accused agrees with the charges. The author also criticizes the opinion of those scholars who deny the necessity of including the guilty plea in the list of such conditions. It is argued that the consent with the prosecution as required by law cannot possibly be imagined without a guilty plea. The author examines the opinions of scholars regarding the practical implementation of the duty of the court to verify if the charge is supported by the necessary aggregate of evidence in a criminal case, in connection with which the importance of preparation to a court hearing is stressed. Using the theoretical analysis of doctrinal ideas on the due procedural mechanism of a special order of a court decision, the author makes specific recommendations on its improvement to ensure an objective and substantiated conviction.