Abstract

GOMES DE VASCONCELLOS, Vinicius  and  MOELLER, Uriel. Agreements in German Criminal Procedure: Description of the Plea-Bargaining Triumph from Informality to Legal Regulation. Bol. Mex. Der. Comp. [online]. 2016, vol.49, n.147, pp.13-33. ISSN 2448-4873.

This article intends to describe the current german scenario of early imposition of a penalty in criminal procedure through agreements between the prosecution and the defense. The analysis is pertinent because of the prominence and global influence of the german law system and due to the curious course of the bargain development in a legal-criminal field fundamentally guided by the respect for legality. In this sense, it will lay out the advance of the bargained justice, initially done in the practical performance of the actors of criminal prosecution (without any legal authorization), until its recent regulation and declaration of constitutionality. Thus, it intends to unveil that this institute expands through the power of the actors of the criminal legal field (judges and prosecutors), whose interests are fully favored by the early closure of the case by a guilty plea.

Keywords : Criminal procedure; Germany; bar-gained justice; plea-bargaining; Absprachen.

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