THE SENTENCE BARGAINING IN THE MACEDONIAN CRIMINAL LEGISLATION

Krstevska, Katerina (2017) THE SENTENCE BARGAINING IN THE MACEDONIAN CRIMINAL LEGISLATION. In: Thematic proceedings of the International scientific conference “Archibald Reiss Days”, 07.-09.11.2017, Belgrade, Serbia.

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Official URL: http://eskup.kpu.edu.rs/dar/issue/archive

Abstract

The procedural institution “sentence bargaining” for the first time was introduced into Macedonian legal system in 2010 when the new Law on Criminal Procedure (LCP), was adopted by the Macedonian Assembly. As stated in the LCP’s explanation, the efforts towards the acceleration of the criminal justice system and reaching a final and enforceable judgements, shall be done by accepting models of simplified procedures, which means - by tending the judgment to be reached in the earlier phase of the criminal procedure, by endeavouring the parties to give their agreement on the sentence and by avoiding the usage of the legal remedies. In essence, besides the Reaching a judgment on the basis of a plea agreement between the Public Prosecutor and suspect (Chapter 29), the new LCP governs three additional models of accelerated procedures, i.e. Summary procedure (Chapter 28), Mediation procedure (Chapter 30) and Procedure for issuing a penal warrant (Chapter 31). Having in mind the above, the main goal of the Paper shall be to comprehensively elaborate the Macedonian legal framework dedicated to the sentence bargaining, especially the new LCP, Criminal Code and Law on Determining the Type and Meting Out the Degree of the Sentence. Also, the Paper shall give a special attention to the Judgement on the basis of a draft plea agreement reached between Public Prosecutor and one of the accused in the case publicly known as “Putsch”.

Item Type: Conference or Workshop Item (Paper)
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 09 Jun 2020 19:11
Last Modified: 09 Jun 2020 19:11
URI: http://eprints.uklo.edu.mk/id/eprint/5433

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