文章基本信息

标题：PLEA BARGAINING OF PARTIES IN CRIMINAL PROCEDURE – ACHIEVEMENTS AND PERSPECTIVES
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作者：Tomičić, Zvonimir ; Novokmet, Ante
期刊名称：Pravni vjesnik - Quarterly Journal of Law and Social Sciences
印刷版ISSN：0352-5317
出版年度：2012
卷号：28
期号：3-4
页码：147-188
语种：Croatian
出版社：Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
摘要：Another very decisive step was taken by the Law on Criminal Procedure of 2008 towards classic plea bargaining of the parties on guilt and sanctions in our criminal procedure whereby a legislator indicated clear dedication to the idea of accelerating the procedure i.e. to implement the principle of efficiency but to the detriment of up to now indisputable principles of the procedure. The paper deals mostly with a detailed comparative analysis of plea bargaining in the USA, Germany and Italy. By the US example the paper clearly shows reasons for success of this institute in its original environment and dangers in the plea bargaining system dominated by a strong plaintiff, whereas German and Italian examples of bargaining systems emphasize the analysis of court position, more or less involved in the particular bargaining procedure.
关键词：Plea bargaining; agreement; consensuality