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Plea Bargaining In Criminal Proceedings Phenomenon

Posted on:2015-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y L HouFull Text:PDF
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Plea bargaining plays an important role in simplifying procedures, saving resourcesand efficiency of the proceedings litigation and other aspects. Plea bargaining is notonly been widely applied in the United States, it’s also generally applicable in Germanyand Taiwan,China, etc. Our frank confession of guilt lenient sentencing provisions cannot be realized in the trial, it needs to be linked up though criminal settlementagreement and it also requires criminal summary procedure to support. Through theuseful reference of negotiation mechanism and light sentencing reasons the defendantvoluntary confession.Facing the questions that settlement agreement is not standardizedand simplified procedures applicable to the defendant to plead guilty in a lightersentencing considerations and other issues can not be realized. Former prosecutors toprosecute should fully consider the settlement agreement reached by the parties, to bedecided not to prosecute under the criminal settlement agreement. Judge lenientpenalties under the settlement agreement made by the defendant.The trial judge forsentencing the defendant voluntarily pleaded guilty mitigating circumstances are to beconsidered.
Keywords/Search Tags:plea bargaining, frank confession, criminal reconciliation, criminalsummary procedure
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