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...
| Main Author: | |
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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 |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/1821-150X/2019/1821-150X1901339Q.pdf |
| _version_ | 1818510695376879616 |
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| author | Živković Natalija |
| author_facet | Živković Natalija |
| author_sort | Živković Natalija |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-10T23:23:31Z |
| format | Article |
| id | doaj.art-d986274238ce431eb653fa852b3ff4f5 |
| institution | Directory Open Access Journal |
| issn | 1821-150X 2683-5738 |
| language | srp |
| last_indexed | 2024-12-10T23:23:31Z |
| publishDate | 2019-01-01 |
| publisher | University of Belgrade - Faculty of Security Studies, Belgrade |
| record_format | Article |
| series | Godišnjak Fakulteta bezbednosti |
| spelling | doaj.art-d986274238ce431eb653fa852b3ff4f52022-12-22T01:29:39ZsrpUniversity of Belgrade - Faculty of Security Studies, BelgradeGodišnjak Fakulteta bezbednosti1821-150X2683-57382019-01-01201913393561821-150X1901339QLegal effects of the plea agreementŽivković Natalija0Univerzitet u Beogradu, Pravni fakultetThe 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.https://scindeks-clanci.ceon.rs/data/pdf/1821-150X/2019/1821-150X1901339Q.pdfplea agreementjudgementcompromiselegal eff ectsthe signifi cance of evidence |
| spellingShingle | Živković Natalija Legal effects of the plea agreement Godišnjak Fakulteta bezbednosti plea agreement judgement compromise legal eff ects the signifi cance of evidence |
| title | Legal effects of the plea agreement |
| title_full | Legal effects of the plea agreement |
| title_fullStr | Legal effects of the plea agreement |
| title_full_unstemmed | Legal effects of the plea agreement |
| title_short | Legal effects of the plea agreement |
| title_sort | legal effects of the plea agreement |
| topic | plea agreement judgement compromise legal eff ects the signifi cance of evidence |
| url | https://scindeks-clanci.ceon.rs/data/pdf/1821-150X/2019/1821-150X1901339Q.pdf |
| work_keys_str_mv | AT zivkovicnatalija legaleffectsofthepleaagreement |