RESPECTAREA CONDIŢIILOR ACORDULUI DE RECUNOAŞTERE A VINOVĂŢIEI
THE RESPECT OF ALL THE CONDITIONS OF THE ADMISSION OF GUILT AGREEMENT

Summary/Abstract: The criminal procedural law regulates the conditions which must be cumulatively met, in agreement with all procedural provisions, in order to conclude an admission of guilt agreement. We conclude that, if any of these conditions is not met, the court of law will reject the admission of guilt agreement. In regard to the abbreviated procedure before the court of law, the lawyer must inform the plaintiff that the admission of guilt agreement will benefit him the following manner: a substantial benefit entails the reduction of the limits of punishment or educational measures, according to the provision of the Criminal Code and a procedural benefit, namely a speedy and simplified procedure before the court of law, the very essence of this institution. However, we believe it is important that the deliberative process previous to this decision is not viced in any way, as the lawyer is obliged to inform the plaintiff in regard to the disadvantages which can come from concluding an admission of guilt agreement. The present article aims to debate the admission of guilt agreement, by pointing out the conditions which must be respected in order to conclude a valid agreement.

• Details
• Contents