VIEWS ON ADMITTING GUILT AND ITS EFFECTS IN CRIMINAL LAW AND CRIMINAL PROCEEDINGS LAW AREAS
VIEWS ON ADMITTING GUILT AND ITS EFFECTS IN CRIMINAL LAW AND CRIMINAL PROCEEDINGS LAW AREAS

Summary/Abstract: The increase of criminality and the social need to solve the criminal cases in the shortest time possible and with lower costs had represented preoccupations of the Romanian legislator, finalized with the conviction that it is useful to appeal to a method to determine the offenders to choose a cooperating attitude during the criminal trial which would help the judiciary bodies to solve the criminal cases in the shortest time possible and taking into consideration the attitude of those on trial, to decide softer punishments, but within legal limits. This is the reason for which the new Criminal code provided this attitude of the offenders as an individualization of punishment criterion which the Court of justice must take into account when deciding the criminal sanction to be given in a case on trial, and the new Criminal proceedings code had introduced the possibility of the defendant to admit guilt in front on the court of justice before starting the judiciary investigation, as well as a brand new special procedure through which the defendant has the right to initiate or to enter into a guilty plea agreement with the case prosecutor, in both cases the defendant benefiting from the possibility of receiving a lighter punishment for his/her deed or another solution provided by law. There are presented in this study the effects which admitting guilt can have at criminal law and criminal proceedings law level, being included also some opinions of the author of this study regarding the new regulations in this area.

• Details
• Contents