The procedure regarding the admission of guilt

Author:Andrei Zarafiu
Position:Lecturer, Ph.D.,Faculty of Law, University of Bucharest
Pages:95-104
Andrei Zarafiu
95
LESIJ NO. XIX, VOL. 2/2012
THE PROCEDURE REGARDING THE ADMISSION OF GUILT
Andrei ZARAFIU
Abstract
Considering the present normative framework, even if in criminal matters the transactions
between the judicial organs, which exercise the procedural function of indictment, and the defendant
are not permitted, the admission of guilt appears as an incipient form of negotiation of penalty. In
anticipation of a future special procedure regarding the accord of admission of guilt, the present
institution has generated a great amount of controversy which has, inevitably, caused a matchlessly
practice to appear. The purpose of this study is to identify the primary consequences of the norms
which now regulate the judgment regarding the admission of guilt and to offer concrete and punctual
solutions to the grave problems generated by a defective normative framework. The article has as
basic study a documentary material which is comprised not only of normative guidelines, but also of
a judicial practice generated by the application of these norms for almost a year. Last, but not least,
the actual dimension of the admission of guilt procedure is also underlined by the dealing of the legal
issues introduced by the Constitutional Court’s recently handed down decisions in these matters.
Keywords : admission of guilt, special procedure, guilt acknowledgment, penalty, judgment.
Introduction
The Constitutional Court in its attempt to eli minate the contradictions generated by the
appearance of a deficiently regulated institution, has pronounced two important decisions in the
matter of admission of guilt.
Being only a supervisory organism with jurisdictional attributions, the Constitutional Court,
through the two decisions mentioned above, has determined a legislative intervention which would
transpose, on a normative level, the findings of the constitutional litigation court.
By adopting the Government’s Emergency Ordinance no. 121/2011, the content of the
institution of judgment in case of admission of guilt has gained new dimensions, whose judicial
consequences will manifest in the cases of trials started before the coming into force of th is
procedural institution.
The goal of the present article is to identify the procedural impediments generated by the
introduction in Romanian Criminal Procedure of the judgment in case of admission of guilt.
The study also proposes appropriate solutions for the problems which appeared as a
consequence of the intervention of the Constitutional Court.
The purpose of Law No. 202/2010, at both declarative and institutional levels, was the
simplification and acceleration of the judicial activity criminal in nature.
With respect to the settlement of criminal causes in the first court of la w, the lawmaker’s
intervention materialized into the introduction (regulation) of a new special procedure for judging the
causes in case guilt is acknowledged.
Anticipating the new similar institutions regulated by the future Criminal Procedure Code, i.e.
judgment in case guilt is acknowledged (the new Criminal Procedure Code, Art. 374) and the
settlement of causes under the acknowledgement agreement (the new Criminal Procedure Code,
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Lecturer, Ph.D.,Faculty of Law, University of Bucharest (e-mail: andrei.zarafiu@mnpartners.ro).

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