Decizia Curții Constituționale a României nr. 490 din 27 octombrie 2022 referitoare la excepţia de neconstituţionalitate a dispoziţiilor art. 478 alin. (1), ale art. 479 şi ale art. 482 lit. g) din Codul de procedură penală
Decision of the Constitutional Court of Romania no.490 of October 27, 2022 regarding the exception of unconstitutionality of the provisions of art. 478 para.(1), of art. 479 and of art. 482 let. g) of the Criminal Procedure Code

Summary/Abstract: The plea agreement is an expression of the principle of expediency (specific to the Anglo-Saxon legal system) and, at the same time, an exception to the principle of finding the truth (specific to the continental legal system). One of the conditions for the successful completion of this special procedure concerns the need for the defendant to give an express statement by which he acknowledges the commission and accepts the legal framework of the facts. In the circumstances of non-concluding the agreement or its rejection by the court, this appearance of evidentiary validation of the factual situation cannot be capitalized in the common law procedure - the principle of finding the truth becomes a priority.

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