THE PLEA BARGAIN, A “NEGOCIATION” BETWEEN THE PROSECUTOR AND THE DEFENDANT?
The new Code of Criminal Procedure brings a new institution among special procedures “the recognition agreement.” Those who can conclude this agreement are the prosecutor and the defendant. Will it be a fair negotiation? It provides sufficient guarantees to avoid being violated the defendant’s right...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2013-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_002.pdf |
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| Summary: | The new Code of Criminal Procedure brings a new institution among special procedures “the recognition agreement.” Those who can conclude this agreement are the prosecutor and the defendant. Will it be a fair negotiation? It provides sufficient guarantees to avoid being violated the defendant’s rights? With this study we want to introduce the new elements of this special procedure, comparative aspects with other institutions or rules of criminal procedure from other countries. Last but not least, with the necessary modesty, we will criticize and we will make a proposal for law regarding the chosen theme. |
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| ISSN: | 2068-7796 2068-7796 |