Particularitățile interacțiunii între apărător și învinuit la încheierea acordului de recunoaștere a vinovăției [Articol]

Abstract

Throughout the independence of the Republic of Moldova, the judicial bodies are faced with an enormous number of criminal cases, which have to be solved with a minimum of material and personnel resources. In addition to the heavy workload, judicial bodies are faced in the process of their work with constant pressure from the state and public opinion, namely the effective fight against crime, while at the same time being obliged to comply with certain justified but rigid requirements of ensuring a fair trial. Under these circumstances, the need to modernize the criminal justice process was felt, as the old models of criminal procedure were no longer able to cope with the phenomena they were intended to control. There was an increase in the number of criminal acts, the number of offenders and the number of crimes to be investigated and solved with too few resources. As a result, there has been a continuous movement towards convergence of legal systems by borrowing from each other those legal institutions and practices that were intended to remedy the existing situation. The impact of the plea agreement procedure reflects on the defendant, therefore the status of the defense in this procedure is an important element, where the use of procedural rights ensures the fairness of this procedure.