PLEA BARGAINING – TRADING WITH JUSTICE, OR?

Authors

  • Ivan Turudić County Court in Zagreb, Trg Nikole Šubića Zrinskog 5, 10000 Zagreb
  • Tanja Pavelin Borzić County Court in Zagreb, Trg Nikole Šubića Zrinskog 5, 10000 Zagreb
  • Ivana Bujas County Court in Zagreb, Trg Nikole Šubića Zrinskog 5, 10000 Zagreb

Keywords:

agreement, plea bargaining, principles, recognition, sentencing

Abstract

The paper elaborates the problems concerning plea bargaining agreement in criminal proceedings that attracts great attention of legal experts both in the countries of the continental and of Anglo-Saxon common law systems. The first part shows the comparative overview of the relevant legal provisions of the plea bargaining in states that traditionally belong to the continental legal system along with a summary of the American plea bargaining, which is the foundation of the continental agreement of the parties in criminal proceedings. The second part shows the relevant provisions of the Croatian Code of Criminal Procedure and the Criminal Code relating to plea bargaining, and a critical review of those provisions, followed by the presentation of the case-law of the County Court in Zagreb.

Author Biographies

Ivan Turudić, County Court in Zagreb, Trg Nikole Šubića Zrinskog 5, 10000 Zagreb

LLM, Judge of the County Court in Zagreb

Tanja Pavelin Borzić, County Court in Zagreb, Trg Nikole Šubića Zrinskog 5, 10000 Zagreb

LLM, Judge of the County Court in Zagreb

Ivana Bujas, County Court in Zagreb, Trg Nikole Šubića Zrinskog 5, 10000 Zagreb

LLM, Judge of the County Court in Zagreb

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Published

2017-04-07

Issue

Vol. 32 No. 1 (2016)

Section

Review article

License

Copyright (c) 2016 Ivan Turudić, Tanja Pavelin Borzić, Ivana Bujas

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Authors retain the copyright on the papers published in the Journal, but grant the right of first publication to the Journal. Papers accepted for publication or already published in Pravni vjesnik of the Faculty of Law in Osijek may be published by the author(s) in other publications only with proper notice of its previous publication in Pravni vjesnik.