PART II-TITLE VII- THE TRIAL

CHAPTER IV- SPECIAL TRIALS

SECTION I- DIRECT TRIAL

Article 400

Cases of the direct trial

1. When the defendant is arrested on view/spot, the prosecutor may, within forty eight hours, file in court the concurrent application for the evaluation of the arrest and simultaneous the trial.

2. If the arrest is considered as being right and there is no need for other investigations, it is proceeded immediately in the trial, whereas when it is not found grounded, the acts are restituted to the prosecutor. But even in the latter case, when the defendant and the prosecutor give their consent, the court proceeds with the direct trial.

3. The prosecutor may proceed with the direct trial even with the defendant who, during the interrogation, has confessed and his guilt is plain. In this case the defendant is summoned to appear within fifteen days from the date of the registration of the criminal offence.

4. When the criminal offence, for which is requested the direct trial, is connected with other criminal offences for which the conditions of this type of trial are missing, it is proceeded separately for other offences and other defendants, except when this separation impairs the investigations. When the jointer is necessary, the rules of the usual trial shall apply.

Article 401- Preparation of the direct trial

1. In case the prosecutor thinks that must proceed with a direct trial, he orders the appearance of the defendant in the hearing. When the latter is free the time period for the appearance may not be less than three days.

2. The order, along with the respective acts, are sent at the chancellery of the court.

3. The defence lawyer is notified without delay by the prosecutor of the date of the trial. He has the right to read and make copies of the documentation subject to completed investigations.

Article 402- Conduct of the direct trial

1. During the direct trial the provisions of the chapter for the court examination shall apply.

2. The prosecutor, the defendant and the civil plaintiff may introduce other evidence during the court examination.

3. The defendant has the right to ask for a time period up to three days to prepare the defence. In this case the court examination shall be postponed until the new hearing, which shall be performed after the termination of the time period.

4. The defendant may require the accelerated trial. The court, after taking the opinion of the prosecutor and finds the request as right, decides to continue the trial, observing the rules specified for the accelerated trial. On contrary, it continues the direct trial.