GUILT ADMITTANCE AGREEMENT PROCEDURE AND THE PROSECUTOR’S ROLE IN THIS SPECIAL PROCEDURE Cover Image

GUILT ADMITTANCE AGREEMENT PROCEDURE AND THE PROSECUTOR’S ROLE IN THIS SPECIAL PROCEDURE
GUILT ADMITTANCE AGREEMENT PROCEDURE AND THE PROSECUTOR’S ROLE IN THIS SPECIAL PROCEDURE

Author(s): Oana Elena Gălăţeanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: agreement; guilt admittance; case prosecutor; defendant; hierarchically superior prosecutor

Summary/Abstract: With the intent of supporting the judicial bodies by shortening the procedure involved by the criminal trial and the defendants who perpetrated offenses for which the law provides fine or jail not exceeding seven years, the lawmaker introduced an absolutely new procedure within the Romanian criminal trial, named guilt admittance agreement. It is regrettable that the law texts referring to this criminal trial simplification special procedure, such as currently provided in Criminal procedure code, are unclear and lacunar, leaving room to numerous interpretations and question marks. In the study hereto the author presented a series of opinions regarding the role of the hierarchically superior prosecutor to the case prosecutor in this procedure, and in the end the own opinions are expounded with regard to the legal provisions referred to, to their possible interpretation and the need to be clarified by the Romanian.

  • Issue Year: X/2015
  • Issue No: 1-2
  • Page Range: 97-104
  • Page Count: 8