Legal effects of the plea agreement
The Plea Agreement is a legal institute that allows criminal proceedings to be conducted in a simplified form. It is a kind of settlement between the public prosecutor and the defendant on the legal qualification and factual description of the criminal act. In the paper, the author first considers t...
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| Format: | Article |
| Language: | srp |
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University of Belgrade - Faculty of Security Studies, Belgrade
2019-01-01
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| Series: | Godišnjak Fakulteta bezbednosti |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/1821-150X/2019/1821-150X1901339Q.pdf |
| Summary: | The Plea Agreement is a legal institute that allows criminal proceedings to be conducted in a simplified form. It is a kind of settlement between the public prosecutor and the defendant on the legal qualification and factual description of the criminal act. In the paper, the author first considers the question of the truthfulness of the confession itself, that is, the possibility of disagreement between the actual facts and the facts stated in the agreement. Then, a representative case-law is presented, where one can look at the substance of the problem of using a judgement that is based on a Plea Agreement as evidence in other criminal proceedings. The author indicated the reasons why courts in proceedings against other defendants should not take as already established facts from the judgement that is based on the Plea Agreement, nor support the existence of some facts with stated judgement. The paper also analyzes the judgments and legal positions taken by the courts on this issue and draws a parallel with the solutions of this issue in the countries of the region. |
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| ISSN: | 1821-150X 2683-5738 |