The plea bargain, a 'negociation' between the prosecutor and the defendant?

• Author: Nadia Cantemir
• Position: PhD Candidate, 'Nicolae Titulescu University' of Bucharest
• Pages: 156-165

LESIJ NO. XX, VOL. 2/2013

THE PLEA BARGAIN, A “NEGOCIATION”

BETWEEN THE PROSECUTOR AND THE DEFENDANT?

Nadia CANTEMIR

Abstract

The new Code of Criminal Pr ocedure brings a new institution among special procedures “the

recognition agreement.”Those who can conclude this agreement ar e the prosecutor and the de fendant. 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 pr ocedure, comparative aspects with other

institutions or rules of criminal procedure from other countr ies. Last but not lea st, with the necessary

modesty, we will criticize and we will make a proposal for law rega rding the chosen theme.

Keywords: Plea bargain, new code of pena l procedure, prosecutor , defendant, reduction

of sentence boundaries with 1/3.

Introduction

This study aims to open a door to a newly established institution in the Romanian criminal

procedural law, namely the plea bargain, under the regulation of Chapter I of Title IV of the New

Criminal Procedure Code, chapter dealing with special procedures.

This study is of particular importance as we attorneys, interns, theorists need to be familiar

with innovative elements that are covered in the New Code. We find difficult this small scientific

approach but hope to take a step forward to the “new”.

The need for a new codification in the criminal procedure, presentation of the institution,

to break through the buncombe in order to reach the legislator’s judiciousness theologically

interpreting the legal text, the aspects that are comparable to other countries and why not criticism

and also feedback to this procedure are the goals that we want to achieve. Taking in to

consideration that the Law 135 of July the 1st 2010 on the Criminal Procedure Code, published in

the Official Gazette no. 486 of July the 15th 2010, is for the ones who accede to knowledge and

should have stir a strong eff ervescence, there is no relevant doctrine on this subject. Few but

important works, together with the comparative law, the explanatory memorandum of the law the

rules of criminal procedure that we will interpret are ways in which we will try to answer the set

objectives.

I. The context of the new regulations. Definitions.

In the explanatory memorandum

1, the current legal realities have revealed the lack of

prompt conduct of criminal trials in general, mistrusts of litigants in the act of justice and the

substantial social and human costs, meaning a high use of time and financial reso urces. All these

aspects have led to the establishment of a climate of distrust in the eff ectiveness of the criminal

justice act. The main issues that the criminal justice current system are facing are related to the

overcharging prosecution and courts, the excessive duration of the proceedings, the unjustified

delay of the causes and failure to complete the cases due to procedural reasons.

 PhD Candidate, “Nicolae Titulescu University” of Űucharest (e-mail: av.nadiacantemir@yahoo.com).

1 Statement of reasons, www.just.ro.