Brief survey of Romanian legal provisions concerning the concept of negotiated justice Cover Image
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Câteva consideraţii cu privire la reglementările legale naţionale, privind noţiunea de justiţie negociată
Brief survey of Romanian legal provisions concerning the concept of negotiated justice

Author(s): Socol Silviu-Daniel
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: special procedures; judgment in case of admitting guilt; negotiated justice; plea bargaining; plea of guilt; guidelines.

Summary/Abstract: This study presents briefly the legal provisions concerning the procedure named “judgment in case of admitting guilt”. The main idea is that the Romanian legislator gives little support to a new vision about negotiated justice. Although the analyzed institution involves many problems of interpretation and especially of enforcement, in this study we will focus on two of them. Firstly, we considered essential to understand the fundamentals behind a procedure transposed from the common-law (A). Then we tried to highlight by a recent judicial decision the dangerous consequences of misunderstanding the concept of plea of guilt (B). Finally, it should be outlined several guidelines in the context of criminal and criminal procedural reforms to be made (C).

  • Issue Year: IX/2013
  • Issue No: 01
  • Page Range: 35-48
  • Page Count: 14
  • Language: Romanian