The admission of guilt agreement. Aspects of comparative law

• Author: M.M. Bârsan/M.M. Cardis
• Position: Law Department, Transilvania University of Brasov/Student at Law Faculty, Transilvania University of Brasov
• Pages: 165-172

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 8 (57) No. 2 - 2015

THE ADMISSION OF GUILT AGREEMENT.

ASPECTS OF COMPARATIVE LAW

M.M. BÂRSAN1 M.M. CARDIŞ2

Abstract: The new Criminal Procedure Code brought about not only a

series of new institutions in Romanian law, such as the admission of guilt

agreement, but also a new vision in regard to what the criminal trial really

means. In elaborating the current regulation, numerous factors were

considered, which required aligning the current regulation with our

continuously changing reality; however we must notice that, by this, the

Romanian lawmaker followed the legislative trend which had been imposed

by other European states which were, at the beginning, followers of an

inquisitorial system of criminal law, by introducing in national law more and

more institutions coming from the adversarial system of law, thus reaching a

diminished inquisitorial system of law or a mixed system of law.

Key words: admission of guilt agreement, Criminal Procedure Code,

German Criminal Procedure Code, French Criminal Procedure Code.

1 Law Department, Transilvania University of Braşov.

2 Student at Law Faculty, Transilvania University of Brasov.

1. Introduction

Given this context, the appearance of the

admission of guilt agreement is not

surprising, as this tool is the answer to the

request of creating a legal procedural code

in which the criminal trial is faster and

more efficient, thus less expensive, as

mentioned in the motivation of the current

Criminal Procedure code.

We must also mention that the institution

of admitting guilt is not an entirely new

one. By law 202/2010 a simplified

procedure was regulated, one by which if

guilt was admitted, the criminal trial would

be simplified and shortened, thus

benefiting both sides of the trial.

The new Criminal Procedure Code

introduces a new procedure, the admission

of guilt agreement.

This procedure entails a radical change of

the criminal trial, by simplifying the

prosecution and by shortening the length of

the trial. One of the arguments in favor of

this procedure was that of the economical

advantage which benefits both parties of a

trial, as well as the state by saving human

and financial resources [12].

The Romanian lawmaker regulated this

procedure by considering the laws of other

European states which have already passed

certain similar procedures and assumed

elements from the German and French

criminal law.

First of all, this institution is a new and

original legislative solution by which

solving criminal cases in optimal time is

ensured, a procedure which simplifies and

shortens the criminal trial, thus benefiting

both parties.