Naslov
Judgment based on agreement of the parties in Croatian criminal proceedings – between legislative ideas and practical consequences

Autori
Novokmet, Ante

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, pp prezentacija, znanstveni

Skup
Bratislava legal forum 2022, "Rule of Law and Academia in the Turbulences of 100 years"

Mjesto i datum
Bratislava, Slovačka, 12.09.2022. - 13.09.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
plea bargaining ; sentence bargaining ; criminal proceedings ; judgment based on agreement of the parties

Sažetak
This paper examines the judgment based on the agreement of the parties as a relatively new institute of Croatian criminal procedural law, which was introduced into the Croatian legal order by the major reform of the pre-trial proceedings in 2008. Although in the everyday discourse academics and professionals emphasizes that plea agreements are "legal transplant" that was taken over from the Anglo-American legal tradition into continental criminal proceedings, nevertheless, in the context of the Croatian regulation of judgment based on agreement of the parties, it would be more appropriate to speak about the "legal adoption" of certain features or only some aspects of classic plea bargaining procedure of US law, since the Croatian criminal procedure regulates a very specific institution of plea agreement in the form of sentence bargaining. Therefore, this paper first presents the legislative determinants of the judgment based on the agreement of the parties in Croatian criminal proceedings. Then the results of the conducted research on its application in Croatian judicial practice are examined, considering the first experiences of judges, state attorneys, defense attorneys, defendants and victims. Finally, the perceived shortcomings of the current legislation and the practices of the Croatian judicial authorities are critically reviewed, the different positions of the courts on certain aspects of judicial review of the plea agreement are considered and some solutions to the perceived problems de lege ferenda are proposed.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA