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THE PLEA BARGAIN, A “NEGOCIATION” BETWEEN THE PROSECUTOR AND THE DEFENDANT?

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Author(s): NADIA CANTEMIR

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 3;
Issue: -;
Start page: 13;
Date: 2013;
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Keywords: Plea bargain | new code of penal procedure | prosecutor | defendant | reduction of sentence boundaries with 1/3.

ABSTRACT
The new Code of Criminal Procedure brings a new institution among special procedures “the recognition agreement.” Those who can conclude this agreement are the prosecutor and the defendant. 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 procedure, comparative aspects with other institutions or rules of criminal procedure from other countries. Last but not least, with the necessary modesty, we will criticize and we will make a proposal for law regarding the chosen theme.
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Tango Rapperswil
Tango Rapperswil