The Plea Agreement - in the Light of the Code of Criminal Procedure

Andreea Corsei and Mariana-Alina Ştefănoaia
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Andreea Corsei: Assistant, Ph. D. candidate, †Petre Andrei†University of Iasi, Vice Dean of the College of Legal Advisers Suceava, Suceava, Romania
Mariana-Alina Ştefănoaia: Legal adviser, member of the Professional Training Commission of the College of Legal Advisers Suceava, Suceava, Romania

Anuarul Universitatii „Petre Andrei” din Iasi / Year-Book „Petre Andrei” University from Iasi, Fascicula: Drept, Stiinte Economice, Stiinte Politice / Fascicle: Law, Economic Sciences, Political Sciences, 2022, vol. 30, 107-117

Abstract: The plea agreement is the act of notifying the court. It is concluded between the prosecutor and the defendant, when the defendant acknowledges the facts of which he is accused and the legal classification. Also, within this agreement, the defendant must agree on the manner of individualization of the punishment. The agreement may not be initiated by the defendant's lawyer, the injured party, the civil party or the civilly liable party. The plea agreement can be initiated by both the prosecutor and the defendant. Regardless of which party the initiative belongs to, the opposing party is not obliged to adhere to it. A plea agreement may also be entered into by a juvenile defendant or juvenile at the time of committing the act. However, in the case of juvenile defendants, the consent of their legal representative is required. The conclusion of the agreement is only a right of the defendant, not an obligation of the prosecutor to dispose of it. In the event that an agreement is concluded, the prosecutor no longer draws up an indictment regarding the defendant in the agreement, and the agreement must cover the whole typicality of the deed and not only the recognition of the subjective side of the crime.

Keywords: plea agreement; defendant; civilly liable party; opposing party; injured party (search for similar items in EconPapers)
JEL-codes: K1 K2 K4 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev11d:v:30:y:2022:i::p:107-117

DOI: 10.18662/upalaw/93

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