Original scientific paper

https://doi.org/10.54070/hljk.28.2.1

The Scope of Judical Review of Plea Agreement of the Parties

Ante Novokmet ; Pravni fakultet u Osijeku, Osijek, Hrvatska
Dražen Tripalo ; Vrhovni sud Republike Hrvatske, Zagreb, Hrvatska

Abstract

This paper discusses the current framework of judicial review of the agreement of the parties in Croatian criminal proceedings at the normative level and in the jurisprudence of the Supreme Court of the Republic of Croatia. Starting from the assumption that judicial review is an indispensable factor in guaranteeing the fairness of plea agreement proceedings, this paper first analyses the legal standards of judicial review from the perspective of the European Convention of Human Rights and the Constitution of the Republic of Croatia. Then it points to the scope of judicial review of plea agreements in the Anglo-American and Continental European legal traditions. Finally, the Croatian legislative framework is critically examined, the current practice of the Supreme Court of the Republic of Croatia is analysed, and arguments are offered to propose a different interpretation and understanding of the scope of the judicial review of plea agreements in Croatian criminal proceedings.

Keywords

judgment based on agreement of the parties; judicial review; purpose of punishment

Hrčak ID:

272000

URI

https://hrcak.srce.hr/272000

Publication date:

1.12.2021.

Article data in other languages: croatian

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