Pregledni rad
PLEA BARGAINING OF PARTIES IN CRIMINAL PROCEDURE – ACHIEVEMENTS AND PERSPECTIVES
Zvonimir Tomičić
; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Ante Novokmet
; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Sažetak
Another very decisive step was taken by the Law on Criminal Procedure of 2008 towards classic plea bargaining of the parties on guilt and sanctions in our criminal procedure whereby a legislator indicated clear dedication to the idea of accelerating the procedure i.e. to implement the principle of efficiency but to the detriment of up to now indisputable principles of the procedure. The paper deals mostly with a detailed comparative analysis of plea bargaining in the USA, Germany and Italy. By the US example the paper clearly shows reasons for success of this institute in its original environment and dangers in the plea bargaining system dominated by a strong plaintiff, whereas German and Italian examples of bargaining systems emphasize the analysis of court position, more or less involved in the particular bargaining procedure.
Ključne riječi
Plea bargaining; agreement; consensuality
Hrčak ID:
134399
URI
Datum izdavanja:
30.12.2012.
Posjeta: 5.690 *