Implicaţiile procedurii acordului de recunoaştere a vinovăţiei asupra principiului prezumţiei de nevinovăţie
The Implications of the Procedure of Guilty Plea Agreement on the Presumption of Innocence

Summary/Abstract: Having only five years of existence in our legislation, the special procedure of the guilty plea agreement has a legislation still not fully adapted to the fundamental principles of the criminal proceedings. The principle of the presumption of innocence set against the way in which the procedure is regulated, raises many problems. When is the presumption of innocence reversed? How is the presumption of innocence of the other participants affected? To what extent can the declaration of admittance be used against the defendant, if the agreement is not confirmed? Summarizing all the problems in a single question, the article analyzes what takes precedence, the principle of the presumption of innocence or the right to conclude an agreement on guilty plea?

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