Summary Criminal Proceedings in the Balance of Fair Trial Principles - Penalty Order as a Model -

Abstract

Low-risk cases are an obstacle to the effectiveness of justice and made the fact of resorting to alternative and concise ways to solve these disputes, an imperative matter.

Achieving the objectives of the procedural penal rule sometimes requires a concise procedure, in order to remedy the quantitative inflation of low-risk crimes within the framework of modern criminal policy directions, and concise procedures mean shortening and accelerating them.This requires simplifying them by going beyond the formalities prescribed in normal circumstances

The most important of which is the penalty order, which we concluded, through the analysis of its provisions, to a general conclusion namely that it is a brief, quick and summary ruling on the public proceedings without investigation or argument, and self-executing. Nevertheless, it is a confiscation of the principles of a fair trial, the most important of which is the legality, the presence of parties and the public character.