The Holders of the Admission of Guilt Agreement and its Limits

Abstract

The admission of guilt agreement is a special procedure, a novelty for the Romanian criminal law, regulated in title IV of the Special Part of the Criminal Procedure Code, article 478-488. According to the motivation of the Criminal Procedure Code, by regulating this procedure, several aims were achieved: shortening the trial, simplifying the prosecution, and saving human and financial resources. In order to regulate this institution, the Romanian lawmaker was inspired by the law of other European states, by assuming provisions from the French and the German system of law. The novelty of this institution created confusion and some inaccuracies, but, in our opinion, judicial practice will clarify certain aspects which are now considered confusing.