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Faculty of law Kragujevac , Kragujevac , Serbia
In this work the author explains negotiating agreements between prosecutor and defendant in criminal procedure law in legislation of Republic of Serbia, as legal transplants which have a aim in increasing efficiency of criminal procedure and harmonization this country with intentions presents in modern science of criminal procedure law, and solutions presents in a great number of modern comparative European`s and world`s criminal procedure laws. Namely, in the modern epoch of globalization countries’ borders more and more lose its significance, but crime in the proportion with given fact gets transnational character, which results in weakening of efficiency of national criminal procedural legislations. To counteract this fact, the states incorporate various procedure forms in theirs legislations, which spill over from the one to another. On that way, plea bargaining with his forms from the United States become generally accepted across the Europe, and, finally, in the Serbia. Author in the work examines and analyzes legal provisions that regulate plea negotiations, referred to the newly established Criminal Procedure Code of Serbia, in other words, he explaining three institutes: plea bargaining, agreement on testimony of defendant and agreement on testimony of sentenced. The problems of these institutes the author undergoes professional and critical analysis, and discusses about their contributions in the achieving of the normative basis for the required and desired degree of criminal procedure. The author also discuses about some issues from the normative aspect of the new Code of Criminal Procedure and from the normative aspects of their development in the certain comparative criminal legislations. Finally, the author provides concluding remarks in which expressing his opinion about progress of these provisions and aims that was the law, passed, and formulates specific proposals.
plea bargaining, agreement on testimony of defendant, agreement on testimony of sentenced, victim, efficiency
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