Guilty Plea. Some Considerations

Abstract

From a normative perspective, the plea agreement represents an institution of procedural law, including the rules of art. 478-488 of the Criminal Procedure Code (Law no. 135/2010, with subsequent amendments and additions). From an existential perspective, the plea agreement is that agreement between the prosecutor and the defendant regarding the resolution of the case; it is a form of negotiated justice; it is, at the same time, a simplified procedure for bringing criminal responsibility: the criminal prosecution is truncated, the preliminary chamber, removed, and the trial, much abbreviated; the individualization of the punishment is carried out by the prosecutor, and the judge confirms it. In this study, the authors present some interesting ideas about plea bargaining.