Plea agreement during the criminal prosecution of a criminal trial

AuthorMarian Alexandru
PositionLecturer, PhD, Faculty of Law and Administrative Sciences, 'Ovidius' University, Constan?a (e-mail: marian.alexandru1961@yahoo.ro).
Pages110-117
LESIJ NO. XXIV, VOL. 2/2017
PLEA AGREEMENT DURING THE CRIMINAL PROSECUTION
OF A CRIMINAL TRIAL
Marian ALEXANDRU
Abstract
The Plea Agreement is one of the latest institutions and one of the special procedures introduced
by the New Romanian Criminal Procedure Code.
The Romanian procedure law adopted it because the State wanted a reduced cost of the justice
action; thus, the courts would have fewer trials and the procedures would be accelerated. This work
wants to analyse the congruity of this procedure with the right to a fair trial.
Keywords: agreement, recognition, guilt, prosecutor, trial.
1. Introduction
The Romanian quick social and
economic development has been constantl y
claiming the need for adj usting the judicial
system to the contemporary reality, for a
good, prompt and efficient justice action.
One of the i mportant institutions
introduced among the special procedures,
regulated by Title 4, Chapter 1 of the Special
Part of the New Criminal Procedure Code, is
represented by the plea agreement.
It is considered special because it is
regulated mainly by some norms, derogatory
from the normal pro cedure, applicable
unitarily in solving criminal cases.
The special derogatory character
draws from aspects concerni ng the limits of
the law court assignment, the object of the
trial, the r ules set for the trial whenever the
instance is informed about such agreement.
Some states have been using this
special practice for a long time now. For
instance, in t he United Kingdom of Great
Britain, the first pieces of evidence of this
Lecturer, PhD, Faculty of Law and Administrative Sciences, “Ovidius” University, Constanţa (e-mail:
marian.alexandru1961@yahoo.ro).
procedure date since 1743, whereas in the
USA from 1804.
This work wants to stud y the
circumstances of signing this type of
agreement, used only during the criminal
investigating stage.
We are going to analyse the duties of
both the criminal prosecuto r and his
hierarchically superior, and at the same time,
the obligations of the accused person when
accessing this procedure during the criminal
investigation stage of a criminal case.
2. Authors and procedure
initiation
According to art 478 paragraph (1)
Criminal Procedure Code, the defendant and
the prosecutor are the authors of the plea
agreement.
This document can be signed either by
the prosecutor who investigates the criminal
case, according to ar t. 56 paragraph (3)
Criminal Procedure Code, or the prosecutor

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