The Concept of Plea Bargain in an Ethical Society

Abstract

The current Criminal Procedure Code has introduced several elements specific to adversarial law. Among these specific elements, I consider that a special impact on those interested in or targeted by the dispositions of criminal law is "negotiated justice". Traditionally, in the field of ​​criminal procedural law, several institutions specific to the continental system have been adopted in our country, that impose for the diagnosis of the legal problem, so that in criminal procedural law the objective truth must be identical to the judicial truth, hence the fact that judges can't base their rulings on anything else than actual facts. During the evolution of civilization, three criminal procedural systems have appeared progressively, in a chronological (historical) order in full accordance with the political and social tendency of the states at a certain moment, namely the inquisitorial system, the accusatory system, respectively the mixed system, named the continental system. We will resort in the following article to a brief presentation of these criminal procedural systems, while making a brief analysis of each of them.