THE PLEA BARGAIN, A “NEGOCIATION” BETWEEN THE PROSECUTOR AND THE DEFENDANT?
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
The new Code of Criminal Procedure brings a new institution among special procedures “the recognition agreement.” Those who can conclude this agreement are the prosecutor and the defendant. Will it be a fair negotiation? It provides sufficient guarantees to avoid being violated the defendant’s rights? With this study we want to introduce the new elements of this special procedure, comparative aspects with other institutions or rules of criminal procedure from other countries. Last but not least, with the necessary modesty, we will criticize and we will make a proposal for law regarding the chosen theme.
Authors and Affiliations
NADIA CANTEMIR
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