The punishment in summary judicial investigation

Abstract

In summary judicial investigation (Art. 369а– 374 Criminal Procedure Code) the court determines the punishment in accordance with the rules laid down in the provision of Art. 58а of the Criminal Code (CC). However, the punishment determined under these rules does not correspond to the severity of the crime. For this reason, the punishment is unfair and unfit for achieving the objectives under Art. 36 CC, and respectively, the goals of special and general prevention. The article proposes de lege ferenda an amendment to the norm of Art. 58а CC, so that the latter can be brought into line with the main principles of substantive criminal law without limiting the field of application of the summary judicial investigation.