Despre caracterul nelegal al refuzului procurorului de a încheia un acord de recunoaştere a vinovăţiei, atunci când condiţiile legale pentru încheierea sa sunt îndeplinite
The illegal nature of the prosecutor's refusal to conclude a plea agreement when the legal conditions for its conclusion are met

Summary/Abstract: This paper intends to summarily analyze the limits within which a prosecutor must exercise the right to conclude a plea bargain agreement, according to Articles 478-480 of the Code of Criminal Procedure. It was repeatedly argued in academic papers that this is a rather discretionary right and a prosecutor cannot be limited in his/her choice, but we say that it is often forgotten that any right of the criminal investigation authorities may and must be exercised so that the objectives set out by the legislator for reaching the aim of a criminal process. We will be starting by highlighting two apparently separate issues. One is to identify the reasoning of the legislator introducing the plea bargain agreement in the Criminal Procedure Code. The second is to delineate, according to the legal provisions in force, the legal role of the prosecutor and the manner in which the rights and obligations of the prosecutorial branch are regulated for the criminal process, with consequences regarding the conditions in which a prosecutor may refuse to conclude a plea bargain agreement. Once we present these two sides, we will be able to lay out the resulting ideas in a more complex architecture, so to be able to determine whether the limits of a prosecutor’s rights to initiate or to conclude a plea bargain agreement are a coherent and necessary result of the mix between the rules on the plea bargain agreement and those regarding the prosecutorial branch within criminal proceedings. We will conclude this analysis by highlighting certain practical aspects relevant in light of the previous presentation.

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