Plea bargaining- a new criminal procedure institution

• Author: Andreea Uzlau
• Position: University Dimitrie Cantemir - Bucharest
• Pages: 239-247

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 239-247

239

PLEA BARGAINING – A NEW CRIMINAL PROCEDURE

INSTITUTION

A. Uzlu

Andreea Uzlu

Faculty of law and administrative sciences

Christian University Dimitrie Cantemir, Bucharest,

*Correspondence: Christian University Dimitrie Cantemir, 146 Splaiul Unirii, sector 4,

Bucharest, Romania

E-mail: stoicaandreea76@yahoo.com

Abstract

This work deals with the plea bargaining (plea agreement) as an institution which is

intended to be entered by means of the new Romanian Code of Criminal Procedure, adopted

by Law no. 135/2010, in the light of the conditions, of the conclusion procedure, of its

contents and consequences. Similar negotiated justice proceedings are found both in the

adversarial and in the inquisitive systems (USA, England, as well as in Germany, France,

Belgium, Greece, Republic of Moldova, Czech Republic, Croatia.

Keywords: plea bargaining, simplified judgement proceedings, the new Code of

Criminal Procedure

Introduction

The present study aims to spotlight a new criminal procedure law institution, the

plea bargaining agreement, governed by the provisions of the new Romanian Code of

criminal procedure, adopted by Law no. 135/2010 and which will enter into force on the date

fixed by the implementing Law.

The work is structured around the main themes stemming from this topic, such as the

notion and the reasons of the new simplified procedure, the conditions for application, the

holders, the form and content of the agreement, the consequences of the agreement, the

referral to the Court with the plea bargain agreement, the procedure before the Court, the

solutions it can pronounce and the remedies.

Last but not least, it is analysed the compatibility of the regulation with the

provisions of the European Convention on human rights, from the perspective of the right to a

fair trial and the reasonable time.

The study aims to analyze the institution, in order to facilitate understanding and

deepening the legal provisions of the new Code of criminal procedure.

The subject is of current interest both for theorists, most notably for practitioners of

law, given the multitude of problems that will arise in this respect, in the jurisprudence of the

Courts.

1. The notion and the reason of the new simplified procedure

The plea bargaining agreement is one of the main novelties introduced by the new

Romanian Code of criminal procedure, the provisions being contained in Chapter I of title III,

entitled "Special procedures", respectively, art. 478-488.

This analysis will take into account the provisions contained in the Law no. 255/2013

for the implementation of the Law no. 135/2010 - the Code of criminal procedure and on

modification and completion of some legal acts containing criminal procedure provisions

(hereinafter referred to as the implementation Law).