Naslov
SPORAZUM STRANAKA O KRIVNJI U KAZNENOM POSTUPKU: PRAVNE I MORALNE OSNOVE I DILEME
(THE PLEA BARGAIN OF PARTIES IN CRIMINAL PROCEEDINGS: LEGAL AND MORAL GROUNDS AND DILEMMAS)

Autori
Josipović, Ivo ; Božić, Vanda

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
PREDNOSTI ALTERNATIVNOG RJEŠAVANJA SPOROVA KNJIGA SAŽETAKA / Sijerčić, Čolić Hajrija ; Hebib, Miza - Sarajevo : Univerzitet u Sarajevu – Pravni fakultet, 2019, 58-60

ISBN
978-9958-14-020-4

Skup
Međunarodna tripartitna naučna konferencija "Prednosti alternativnog rješavanja sporova"

Mjesto i datum
Sarajevo, Bosna i Hercegovina, 06.04.2019

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
: kazneni postupak, sporazum stranaka, krivnja, pravne i moralne dileme
(criminal proceedings, plea bargain agreement, guilt, legal and moral dilemmas)

Sažetak
The authors in the paper, under the theme Benefits of Alternative Dispute Resolution, discuss the critical point of view of the institute of plea bargain of parties in criminal proceedings, with reference to its legal and moral grounds and dilemmas as well as the very purpose of the consensus. They have analyzed and reviewed all the advantages and disadvantages of such an agreement: the violation of the principle of the legality of criminal proceedings, the inequality of the parties in the proceedings, the pressure on the defendants to plead guilty so as not to expose themselves to criminal prosecution under the watchful eye of the media, as well as on the possibility of imposing a too lenient punishment on the defendant. Institute of plea bargain in judicial proceedings has its roots in the Anglo-Saxon legal system ; however, for a long time it was not accepted in the European continental legislation. The judgment on the basis of plea bargain between the parties was introduced in the Criminal Procedure Act (2008) for reasons of economic efficiency and to unburden the courts in terms of the number of cases. The agreement is based on the motion of the defendant or state attorney for the adoption of a judgment based on their plea agreement on the guilty plea for the criminal offense committed and the acceptance of the proposed criminal law sanction. The Court merely checks whether such an agreement is based on the law and whether the agreed and proposed punishment for the defendant is appropriate for the criminal act. The article deals with the provisions of the Criminal Procedure Act and the Criminal Code regulating this agreement with special reference to a more recent case law relevant to the case of "Farmal" (publicly known as the Hippocrates Affair). The aforementioned case is the largest indictment filed in the history of Croatian criminal law, in which more than 400 persons were accused (360 primary health care physicians, pharmacists and persons employed and represented by the company Farmal). For most defendants, for criminal offenses of bribery and misuse of office and powers, criminal proceedings have been terminated by passing a judgment on the basis of a plea agreement.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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