GUILT ADMITTANCE AGREEMENT PROCEDURE AND THE PROSECUTOR'S ROLE IN THIS SPECIAL PROCEDURE
Keywords:
agreement, guilt admittance, case prosecutor, defendant, hierarchically superior prosecutorAbstract
With the intent of supporting the judicial bodies by shortening the procedure involved by the criminal trial and the defendants who perpetrated offenses for which the law provides fine or jail not exceeding seven years, the lawmaker introduced an absolutely new procedure within the Romanian criminal trial, named guilt admittance agreement. It is regrettable that the law texts referring to this criminal trial simplification special procedure, such as currently provided in Criminal procedure code, are unclear and lacunar, leaving room to numerous interpretations and question marks. In the study hereto the author presented a series of opinions regarding the role of the hierarchically superior prosecutor to the case prosecutor in this procedure, and in the end the own opinions are expounded with regard to the legal provisions referred to, to their possible interpretation and the need to be clarified by the Romanian.References
Bodoroncea, G, (2014), Guilt admittance agreement, in “volume of Conference Fundamental regulations in the new Criminal code and the new Criminal procedure code”, Bucharest University Annals, C.H.Beck Publishing house, Romania
Kuglay, I., Şinc, A.,M. (2014), Settling procedure of the guilt admittance agreement, Public Ministry – Prosecutor’s Office under the Cassation and Justice High Court, study on 07.04.2014
Roibu, M., (2014), About a different compromise in the new Criminal procedure code, in volume of Conference Fundamental regulations in the new Criminal code and the new Criminal procedure code, April 2014, Bucharest University Annals, C.H.Beck Publishing house, p. 337- 352
Stefan, Ghe, D, (2014) Prosecutor’s role in achieving the guilt admittance agreement. Practical and theoretical problems in the unfolding of the special procedure provided by the new Criminal procedure code, www.juridice.ro
