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Discuții cu privire la acordul de recunoaștere a vinovăției
Discussions on the plea bargaining agreement

Author(s): Andrei Viorel Iugan
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: plea bargaining agreement; concluding the plea bargaining agreement; referral to the court of the plea bargaining agreement; solving the matter referred.

Summary/Abstract: One of the main innovations introduced by the new Criminal Procedure Code is the possibility of concluding a plea bargaining agreement between the defendant and the prosecutor. Where there is evidence to confirm that the defendant is the perpetrator of the deed subject to the criminal trial, and he admits the allegations against him, it is possible for the defendant and the prosecutor to mutually agree on the punishment, the method of execution of punishment, as well as on all other aspects related to the criminal side of the case. In this case, the role of the court will be limited only to verifying whether the concluded agreement fulfils or not the conditions provided by law and to confirm it or to reject it. Through this new institution it will decrease the duration of trials where the evidence produced during the criminal prosecution phase proves almost unequivocally the commission of acts by the defendant, allowing the courts to concentrate their resources on the really complex cases.

  • Issue Year: 2015
  • Issue No: 05
  • Page Range: 176-190
  • Page Count: 15
  • Language: Romanian