INTERNATIONAL EXPERIENCE OF AGREEMENT APPLICATION IN CRIMINAL TRIAL
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
The scientific article presents the application features of institute of agreements in criminal trials of foreign countries, the comparative analysis of legal norms connected with agreements on admission of guilt in certain foreign countries with Anglo-Saxon and continental legal systems. The methodological basis of the article is a set of general scientific and special research methods. The comparativejuridical method was applied for specifying an institute of agreements on admission of guilt in Anglo-Saxon and continental legal systems. The formal-legal and dialectical methods were applied for specifying basic features of simplified procedure for criminal cases in the countries with a continental legal system. The scientific article expresses well-grounded opinion that the procedure of agreements on admission of guilt in the USA will be changed, some elements of institutes of agreements typical for the continental legal system may be introduced, in particular, powers of a public prosecutor during criminal prosecution are clearly specified and strictly regulated by law, consent of the accused with accusation and sentence does not excuse a judge from his duty to do an analysis of the current base in order to express consent with the charges presented, etc. The indicated conclusions have been made based on the analysis of publicistic writing and opinions of the leading American judges within 2014–2015. The author of the article reasonably distinguished a number of fundamental differences between the simplified and shortened of trials in the countries with a continental legal system, in particular, in Belgium, Holland, Spain, Italy, Germany and France. The following conclusion has been made: the institute of agreements on admission of guilt and other similar shortened procedures are applied in criminal trials of the countries both with a general legal system (Great Britain, USA) and a continental one (Belgium, Holland, Spain, Italy, Germany, France). Development of legislative regulation and practical application of agreements on admission of guilt differs in the countries with general and continental legal systems. It is expressed that other procedures of settlement of criminal legal conflicts comprising the elements of reconciliation are known in modern criminal procedural law. There are two most famous patterns of alternative ways to settle such criminal legal conflicts: 1) transaction, which exists in the legal system of Belgium and the Netherlands; 2) mediation, which is applied as a way to settle conflicts between the person committing a crime and the person affected. The author of the scientific article stressed that peculiarity of agreements on admission of guilt in criminal trials were repeatedly a point of issue at the European Court of Human Rights (cases “Nikolova v. Bolgaria”, “Babar Akhmad and Others v. the United Kingdom”, etc.) In its judgments the European Court of Human Rights notices that existence of simplified procedures in criminal proceedings does not contradict against the Convention on Human Rights and practice of the European Court of Human Rights, but it made an emphasis on adherence to the main condition – correspondence of the agreement to the facts of the case.
Authors and Affiliations
А. Ю. , Доценко
Keywords
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