The simplified procedure applies in cases involving crimes punishable with either a term of imprisonment of not more than five years or only a fine (for example, non-aggravated bodily harm, threats, petty theft). Its purpose is to simplify criminal proceedings by reaching a consensus.
At the end of the inquiry stage, the Public Prosecutorat the request of the defendant or after questioning the defendant and taking the view that in this particular case, the penalty to be imposed should not be a term of imprisonment, files an application with the court in which, after describing the facts, the evidence and the laws infringed, he/she justifies the reasons for not imposing a term of imprisonment, and closes with the proposed penalty.
- If the judgeagrees, he/she notifies the defendant of the application filed by the Public Prosecutor and asks whether or not the defendant agrees with the proposed penalty. If the defendant agrees, he/she is convicted accordingly and the case comes to an end.
- If the judge does not agree or if he/she agrees but the defendant does not accept the penalty proposed by the Public Prosecutor, the case will proceed as a different kind of proceeding.
There are no civil parties allowed in this kind of proceeding but the court may grant financial reparation to the victim.
In summary, as this form of proceeding is based on an agreement between the judge, the Public Prosecutor and the defendant (and the assistant, in private crime cases), there is no trial.