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CNAA / Theses / 2004 / June /

Plea bargaining as a special form of penal procedure


Author: Vasile Rotaru
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2004
Scientific adviser: Igor Dolea
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 4 June, 2004
Approved by NCAA on the 14 October, 2004

Abstract

Adobe PDF document – 0.26 Mb / in romanian

Keywords

plea agreement, plea bargaining, special procedure, penal procedure form, plea, pleading guilty, guilty plea etc.

Summary

The criminal justice system in many countries has undergone a lot of changes due to a number of economical, social and political reasons. One of the changes is the rapid growing and spreading of the summary procedures.

In this doctoral thesis the author investigates the doctrinal and normative aspects of plea bargaining with the aim of elucidating its essence and of formulating the recommendations for a proper implementation in the Republic of Moldova.

A thorough examination is given to such concepts as procedural form, its unity and differentiation, and the concept of special procedure with establishing of their implication on the regulation of the plea bargaining.

The paper pays attention to the investigation of the plea bargaining, its origins, evolution and regulation in legislative systems of different countries.

Author points out the objective and legal conditions of adopting the plea bargaining for the Republic of Moldova and identifies the advantages and disadvantages of such a system.

An important moment constitutes the description of the roles of the parties and the court in the process of plea bargaining and also the set of conclusions and recommendations formulated for improving this procedure.