Summary Proceeding


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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Section 63(12) summary proceedings are subject to CPLR Article IV ("Special Proceedings").
(152) This process is much different from section 9's summary proceeding. First, while section 9 affords a party a summary right to confirmation, (153) an action at law places the burden of proof on the party seeking enforcement.
On July 3, 2003, the same Court of Appeals in the Netherlands held in favor of Medinol in a summary proceeding for a preliminary injunction regarding Cordis' BX Velocity stents.
If all of the original parties to the proceeding agree to the summary proceeding, the proceeding must be conducted within 30 days.
Joseph Grillo personally arrested a county employee, hauled him off to court, and adjudged him in contempt in a summary proceeding, all because the poor man followed his supervisor's direction to reject the judge's request for a plane ticket to Sacramento in order to lobby the legislature.
But many courts have required personal service of the summary proceeding papers on a tenant before issuing a money judgment.
Harf reiterated that "the imposition of the death penalty for 529 defendants after a two-day summary proceeding cannot be reconciled with Egypt's obligations under international human rights law, and its implementation of these sentences would be unconscionable." She affirmed "we cannot and should not credibly entertain the prospect that a two-day trial resulting in the sentencing of 529 people to death could respect the fair trail safeguards guaranteed by international law." "We are making clear to the Egyptian government that these verdicts cannot be allowed to stand.
The initial order from the Division of Administrative Hearings contains a notice that the summary proceeding is available on agreement of all "original parties." The agreement must be in writing.
An inquest is a summary proceeding to inform the suspects, or the subject of a warrantless arrest, of the nature of the complaint against them.
Under New York's Real Property Actions and Procedure Law, a landlord can start an expedited court action, known as a summary proceeding, to obtain a court order and warrant of eviction to dispossess a defaulting tenant.
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.