Simple Procedure And Judicial Recess Time Limits

1. Simple Procedure in Criminal Procedure Law

The simple procedure is a trial procedure that allows criminal courts of first instance to render a decision without holding a hearing in respect of certain offences.

Where this procedure coincides with the judicial recess, it must be separately determined whether the two-week period granted to the defendant for submitting a defence runs during the judicial recess and whether any legal remedy is available against the interlocutory decision concerning the application of the procedure.

Both issues are examined below within the framework of the provisions of the Code of Criminal Procedure No. 5271 [“CCP”] and settled case law.

2. Conditions for the Application of the Simple Procedure