The formal approach of the plea bargain procedure. Conditions. Consequences. Remedies

Abstract

The article aims to highlight the importance on compliance with the preliminary conditions imposed by the procedural law on resolving the plea bargain request, the consequences resulting from infringing the conditions, procedural remedies for breaching the conditions and de lege ferenda proposals.

The analysis also includes recent rulings from specialised judicial panels of the High Court of Review and Justice and aims to clarify specific issues regarding the legal nature of the plea bargain request, the conditioned consent revocability, the limited trial evidence in the plea bargain procedure and the attention that the court has to provide on veryfing the preliminary conditions viewed from the perspective of recent judicial practice.