PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

Issues which shall be decided on the preliminary hearing of the parties
Art. 371. At the preliminary hearing the parties:
1. the defendant and his defender, the civil claimant, the private prosecutor and their trustees
may grant a consent not to conduct interrogation of the all or of some of the witnesses or experts, and
upon the rendering the verdict to use directly the contents of the respective records and expert
conclusions of the pre-trial procedure;
2. the defendant may recognize fully the facts as stated in the circumstantial part of the act of
indictment by granting consent not to collect evidence of these facts.
Order of conducting preliminary hearing of the parties
Art. 372. (1) The Court shall clarify to the defendant his/her rights under Art. 371 and shall
notify him/her that the respective evidence from the pre-trial procedure and the made by him/her
confession under Art. 371, Item 1 shall be used in the rendering of the verdict.
(2) The Court shall appoint a defender for the defendant if he/she has no such.
(3) In the cases of Art. 371, Item 1 the Court shall by a determination approve the explicit
consent, if the respective actions of the investigation have been performed under the conditions and the
order as provided in this Code.
(4) In the cases under Art. 371, Item 2, where it finds that the confession is supported by the
collected at the pre-trial procedure evidence, the Court shall by a determination announce that in the
rendering the verdict they shall use the confession, without collecting evidence of the facts stated in the
circumstantial part of the act of indictment.
Consequences of the preliminary hearing of the parties
Art. 373. (1) In the cases of Art. 372, Para. 3 at the conduction of the Court investigation by the
first instance, interrogation of the witnesses and of the experts, which the approved by the Court consent
refers to, shall not be conducted, and the respective records of interrogation and expert conclusions shall
be read under the procedure of Art. 283.
(2) (amend. - SG 27/09) In the cases of Art. 372, Para. 4 at the conduction of the Court
investigation interrogation of the defendant, the witnesses and the experts concerning the stated in the
circumstantial part of the act of indictment facts shall not be performed and the Court, if renders a
conviction verdict shall determine the punishment under the terms of Art. 58a of the Penal Code.
(3) In the cases of Art. 372, Para. 4 the Court in the reasons of the verdict shall assume the
stated in the act of indictment circumstances and shall refer to the made confession and to the supporting
it evidence collected at the pre-trial procedure.
Application of the general rules
Art. 374. As far as there are no special rules with regard to the procedure under this chapter
established, the general rules shall be applied.
Chapter twenty eight.
DISCHARGE FROM CRIMINAL LIABILITY WITH IMPOSITION OF ADMINISTRATIVE
PENALTY
Proposal of the prosecutor for discharging the defendant from criminal liability with
imposition of administrative punishment
Art. 375. Where the prosecutor finds that the grounds of Art. 78a of the Penal Code are there,
he/ she shall bring the case before the respective Court of first instance with a reasoned decree making a
proposal that the defendant shall be released from criminal liability and administrative penalty be