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文章基本信息

  • 标题:Is the plea agreement practice of the International Criminal tribunals a pathway to negotiated justice within national jurisdictions?
  • 本地全文:下载
  • 作者:Liviu Alexandru Lascu
  • 期刊名称:Law Review
  • 电子版ISSN:2246-9435
  • 出版年度:2013
  • 卷号:III
  • 期号:2
  • 出版社:Union of Jurists of Romania, Universul Juridic Publishing House
  • 摘要:

    Having already a long career in the Anglo-American judicial systems, the Plea Agreement is a pioneering procedure in the civil law countries. In the latest decades it became more and more attractive to the European continental countries due to the fact it makes possible a significant workload’s decongestion of the criminal law enforcement bodies as well as an easier prosecution in the other criminal files. However, there is a still remaining reluctance of the European continental legislators to employ this procedure to a wide scale of crimes and to allow negotiated justice with the perpetrators of the most severe crimes. The opponents of this concept consider this procedure as verydifficult to reconcile with the traditional principles and procedural institutions of the civil law countries.

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