Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Is the plea agreement practice of the International Criminal tribunals a pathway to negotiated justice within national jurisdictions?

Liviu Alexandru Lascu

Having already a long career in the Anglo-American judicial systems, the Plea Agreement is a pioneering procedure in the civil law countries. In the latest decades it became more and more attractive to the European continental countries due to the fact it makes possible a significant workload’s decongestion of the criminal law enforcement bodies as well as an easier prosecution in the other criminal files. However, there is a still remaining reluctance of the European continental legislators to employ this procedure to a wide scale of crimes and to allow negotiated justice with the perpetrators of the most severe crimes. The opponents of this concept consider this procedure as very
difficult to reconcile with the traditional principles and procedural institutions of the civil law countries.


Within the context of the first steps of Plea Agreement in the most European continental countries we observe an already existent and consistent jurisprudence in this respect in the proceedings of the international ad-hoc tribunals, ICTY (international Criminal Tribunal for former Yugoslavia) and ICTR (International Criminal Tribunal for Rwanda). The expertise of the judicial bodies of these tribunals might be a valuable model of doing negotiated justice within the European continental countries at least because the patterns of their Plea Agreement are very similar.

The aim of this article is to emphasize the main features of the Plea Agreement procedure in the traditional systems, common law and civil law, as well as the features of this concept as it has been implemented into the proceedings of the ad-hoc tribunals and, accordingly, to analyze the reasons for which, the expertise of these international tribunals might be a pathway to negotiated justice to the national level of the civil law countries.

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Volume XII, Issue 2, July - December 2022

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Summary

International Law

Quality of public expenditure and transdisciplinarity: Law, economics, psychology, politics and public management

Leonardo da Silva Guimarães Martins da Costa

The Debate in 21st Century Romania. Case Study – Bihor County

Claudia-Simona TIMOFTE

Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

Codruţa-Elena Mihailovici

Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

Claudiu Florinel Augustin Ignat

 

European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai

 

UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

Silviu-Dorin ŞCHIOPU

 

Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura