Summary Proceeding


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Summary Proceeding

 

a simplified procedure for the consideration of criminal cases. In the capitalist countries, a summary proceeding characteristically does not observe the guarantees of personal rights, and the case is resolved at the discretion of judicial officials. As a rule, cases are dealt with by a single judge of the lower courts, without a jury and without preliminary investigation of the case. The judgment of guilt is usually based on the materials submitted by the police.

As a form of procedure, a summary proceeding is not unknown to the legislation on criminal procedure in certain socialist countries. In these countries, however, procedural changes in this respect are permitted only in cases involving less serious crimes, for which the law does not provide for grave punishment. In a summary proceeding, particular significance is attached to full assurance of procedural guarantees and to protection of the legal interests of the participants in the proceeding.

References in periodicals archive ?
The administrative law judge must render a decision in the summary proceeding within 30 days of the conclusion of the hearing or the filing of the transcript, whichever is later.
It is not clear from the PTFA whether the 90 day Notice to Vacate is required instead of the 10 day notice or whether it is merely an additional requirement that is not a prerequisite to a summary proceeding.
The initial order from the Division of Administrative Hearings contains a notice that the summary proceeding is available on agreement of all "original parties.
Under the law, a respondent who is a presidential appointee can only be subjected to summary proceeding after a clearance for such purpose is obtained from the OP.
2016-002 requires Napolcom to secure clearance from the Office of the President to proceed with the summary proceeding after a formal charge is filed against a presidential appointee.
During the work of the parliamentary committees or at the plenary sessions, the MPs discuss or adopt a large number of draft-laws from the government, most of which are with summary proceeding which according to opposition MPs does not allow professional debate.
Hallyu singer and actor Kim Hyun Joong has been indicted in a summary proceeding over the assault case involving his former girlfriend.
For example, commercial lease forms should contain a clause prohibiting counterclaims by a tenant when the landlord has already commenced a summary proceeding to evict.
For example, if a tenant breached his or her lease by illegally subletting the apartment or creating a nuisance in the building the landlord may not begin a summary proceeding against the tenant in housing court without a hearing before HPD.
If there is no other claimant, it can be in the form of a summary proceeding.