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The object of the admission of guilt

Autor: Constantin NEDELCU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: This paper aims at studying how elements of negotiated justice specific to common law systems entered into the Romanian criminal procedural law system. It particularly deals with the admission of guilt and about one of its most controversial aspects – the object of recognition. The research concludes that what is recognized within this simplified procedure it is the deed and not its legal classification given by the criminal prosecution bodies.

Keywords: criminal trial, admission of guilt, legal qualification, negotiated justice.…

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0 Vizualizări 233

Protection of Minor’s Rights in the Romanian Criminal Trial

Autor: Laura STĂNILĂ, Adrian STAN

Publicat în: Journal Of Eastern European Criminal Law no. 1/2018

Revistă disponibilăaici.

Abstract: The legal treatment of juvenile delinquents constitutes an issue raising several difficulties, regarding the age stated by the Romanian legislator for imposing criminal liability and, on the other hand, regarding their special requirements in the criminal trial. The comparative criminal law deals extensively with this issue. As a matter of fact, the legal aspects and difficulties of the criminal trial in case of minors are even more under debate in comparison with the aspects of criminal trial in case of adult perpetrators, the doctrine [vezi tot]

0 Vizualizări 150

Controversies Related to Plea Bargaining in the New Romanian Code of Criminal Procedure

Autor: Magdalena ROIBU

Publicat în: Journal Of Eastern European Criminal Law no. 1/2016

Revistă disponibilăaici.

Abstract: In the New Romanian Code of Criminal Procedure (hereinafter the NCPP), the pleading guilty procedure on the one hand borrows the features of the formerly consecrated proceedings, on the other hand, gains new dimensions which actually turn it into a special, self-governing procedure, which justifies its appellation of “plea bargaining”. More precisely, in the NCPP the pleading guilty procedure shapes out under two forms: as a unilateral statement of the defendant given before the court, as well as a bilateral agreement between the defendant and [vezi tot]

0 Vizualizări 119

Aspects of guilty plea and procedure of guilt admittance, new judicial institutions for a criminal trial of higher quality

Autor: Rodica Aida POPA
Publicat în: Challenges of the Knowledge Society 2017
Disponibil online: aici.
Abstract: During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal procedure) by its provisions in the content of art 374, alignment 4, as it has been [vezi tot]

0 Vizualizări 104