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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 28 No. 3-4, 2012.

Review article

PLEA BARGAINING OF PARTIES IN CRIMINAL PROCEDURE – ACHIEVEMENTS AND PERSPECTIVES

Zvonimir Tomičić ; Faculty of Law in Osijek
Ante Novokmet ; Faculty of Law in Osijek

Full text: croatian pdf 315 Kb

page 147-188

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Abstract

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.

Keywords

Plea bargaining; agreement; consensuality

Hrčak ID:

134399

URI

https://hrcak.srce.hr/134399

Publication date:

30.12.2012.

Article data in other languages: croatian german

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