Probleme şi soluţii cu privire la examinarea de către instanta de judecată a acordului de recunoaştere a vinovăţiei
Închide
Conţinutul numărului revistei
Articolul precedent
Articolul urmator
580 5
Ultima descărcare din IBN:
2024-02-07 11:43
SM ISO690:2012
FURDUI, Sergiu. Probleme şi soluţii cu privire la examinarea de către instanta de judecată a acordului de recunoaştere a vinovăţiei. In: Revista Naţională de Drept, 2011, nr. 4(127), pp. 18-32. ISSN 1811-0770.
EXPORT metadate:
Google Scholar
Crossref
CERIF

DataCite
Dublin Core
Revista Naţională de Drept
Numărul 4(127) / 2011 / ISSN 1811-0770 /ISSNe 2587-411X

Probleme şi soluţii cu privire la examinarea de către instanta de judecată a acordului de recunoaştere a vinovăţiei

Pag. 18-32

Furdui Sergiu
 
Colegiului penal al CSJ
 
 
Disponibil în IBN: 6 iulie 2016


Rezumat

The presented opinion, lies in the reasoning according to which, for the court instance, to the examination of the plea bargain agreement, are directly incident the constitutional provisions of the Community right, the international jurisprudence solutions on the respect, protection of human rights and fundamental freedoms. I wanted to analyze the European legislation and jurisprudence of the human rights protection in the criminal justice system and, on the other hand, the way in which it is found in the criminal trial of Republic of Moldova in order to mark out and to promote the European standards in criminal matter on the examination by court instance of the plea bargain agreement Researching and examining the jurisprudence in cases prosecuted in the procedure of the plea bargain agreement, I conclude that, the novelty of this procedure, raises, in particular, the question on the participation of all parties and persons involved in the criminal process on the examination by the criminal court of the plea bargain agreement. The situations created in jurisprudence with a different and non-unitary solution of this problem, require multiple practical- scientific implications, as their fair solution is important for justice. As a result of the examination and the assessment of factual and legal aspects of the legal issue addressed in the decision, according to the legal consciousness and on my own private belief, formed after the practical and theoretical research, guiding me by law, I express my opinion that on the examination by the court instance of the plea bargain agreement, it has to be assured the right to participate in the court session of all parties and persons involved in the case trial, I mean that we do not support the view held by the Decision of the Supreme Court of Justice of December 24, 2010, „On the trial of criminal cases in the procedure of the plea bargain agreement”, according to which in this procedure participate only the prosecutor, the defendant and his lawyer. Being aware that this opinion is susceptible of amplifications, thoroughness, scientific and jurisprudential developments, in its support, I pointed out the reasons and the considerations, which are based on the legislation, doctrine and the magistrate’s practice