| Abstract [eng] |
Agreement between Prosecution and Defence as a Basis to End Criminal Procedure This Master’s thesis studies the institute of plea bargaining which could be entered to shorten and fasten the criminal proceeding. The main body consists of three parts. Part One, first of all, gives the benefits of simplified forms of criminal procedure, it’s aims and overall necessity. There is an introduction to plea bargaining as a criminal proceeding arising from Anglo-American judicial establishment, the changes that were applied within years of plea bargaining practice and the merits of the whole institute. There is given a brief review of how plea bargaining was established at first from simple plea guilty statement to a formal model of negotiation which is applied nowadays, however, under different rules according to the differences of traditional systems, common law and civil law traditions. Also, there are givea a few groupings of plea bargaining models that are distinguished according to the available feature of accusation that could be discussed during the negotation between prosecution and defendant, and real life factors that influenced plea bargaining to become a form of criminal proceedings as it is. Part Two covers regulations of different countries regarding to plea bargaining. Common law countries and continental law countries are divided accordingly. Common law model of plea bargaining is revelead by analysing the laws and practice of United States. In the case of giving overall review of continental law regulations regarding plea bargaining, there were chosen representative European countries: Germany, France, Italy, Estonia, Romania, Poland, Georgia and their implemented models of negotiations were reviewed comparatively stating main differences and showing the best practice to adopt. Part Three reveals the perspectives of plea bargaining in Lithuania. There are two similar forms of simplified criminal proceedings that are analysed: The Criminal Order of Court and Mediation. Comparison of these two models to plea bargaining led to findings whether negotiation between prosecution and defendant is necessary to be imployed in Lithuania. As The Prosecutor’s Office of The Republic of Lithuania applied for it in 2010, in this Final Paper there are given main problems that might occur depending on the big difference between main aim of plea bargaining and fundamental principles of criminal proceedings of Lithuania. |
