Aspects referring to the implementation of the „Plea Agreement” procedure in the case-law of the international criminal courts Cover Image
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Aspecte referitoare la aplicarea procedurii „Plea agreement” în jurisprudența instanțelor penale internaționale
Aspects referring to the implementation of the „Plea Agreement” procedure in the case-law of the international criminal courts

Author(s): Liviu-Alexandru Lascu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: Plea Agreement; Plea Bargaining; negotiation of justice; Plea Guilty; ad-hoc tribunals; sentencing hearings; commission of crimes in systemic contexts.

Summary/Abstract: The article aims to analyze the main aspects that characterize the procedure of concluding the plea agreements, concluded between the prosecutor and the defendant, within the proceedings before international criminal courts. The fact that these courts have taken features from both legal systems, inquisitorial and accusatorial, as well as the fact that this procedure has been implemented in a stage subsequent to the adoption of the statutes of these courts, for reasons of practical necessity, makes their experience of over 12 years in implementing this procedure particularly useful to the European continental legal systems which, in their large majority, have recently adopted the Plea Agreement procedure. These also include Romania, once the „Plea Agreement” institution has been regulated within the provisions of Articles 478–488 of the new Criminal Procedure Code, which makes the study of the case-law of the international criminal courts also useful in the Romanian judicial practice.

  • Issue Year: 2014
  • Issue No: 04
  • Page Range: 186-202
  • Page Count: 17
  • Language: Romanian