Article ID Journal Published Year Pages File Type
7530804 Boletín Mexicano de Derecho Comparado 2016 21 Pages PDF
Abstract
This article intends to describe the current german scenario of early imposition of a penalty in criminal procedure through agreements between the prosecution and the defense. The analysis is pertinent because of the prominence and global influence of the german law system and due to the curious course of the bargain development in a legalcriminal field fundamentally guided by the respect for legality. In this sense, it will lay out the advance of the bargained justice, initially done in the practical performance of the actors of criminal prosecution (without any legal authorization), until its recent regulation and declaration of constitutionality. Thus, it intends to unveil that this institute expands through the power of the actors of the criminal legal field (judges and prosecutors), whose interests are fully favored by the early closure of the case by a guilty plea.
Related Topics
Social Sciences and Humanities Social Sciences Law
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