THE PROCEDURE OF PLEA BARGAINING IN ROMANIA A NEGOTIATION OR JUST A FORMAL INSTITUTION？ THE COMMON LAW SYSTEM

Entry into force of the law No. 202/2010 regarding some measures to accelerate the settlement of the process, already raises a number of problems of interpretation. According to the Explanatory Memorandum of Law 202/2010 states that： ＂Unlike the other laws, the law No. 202/2010 comes into Romanian legislative with the aim of speeding criminal proceedings as well as to prepare the implementation of the new codes, some of the regulations contained in future coding being found in this law.＂ In this respect, in the explanatory memorandum to the bill, it was noted that ＂from the major failures of justice in Romania, the harshest criticism was the lack of celerity in solving cases. ＂ As often judicial procedures prove to be heavy, formal, expensive and lengthy, it was recognized that judicial effectiveness of justice consists, largely, in the speed with which the rights and obligations enshrined in judgments are part of the juridical circuit, thus ensuring the stability of legal relations to be decided. The introduction of simplified procedure of admission of guilt in the Criminal Code, now in force, was justified in the explanatory memorandum, among others, by Article 6 paragraphs 3 letter d） of the European Convention which guarantees the defendant the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses under the same conditions as witnesses against him. This right has a relative character,＂ the defendant may give up his pursuit before an independent and impartial tribunal, and elect to be tried based on the evidence administrated in criminal prosecution. In this respect, the Strasbourg Court stipulated that the defendant has the opportunity to waive the right guaranteed by Article 6 paragraph 3 letters d） of the European Convention and, consequently, he cannot claim that this right was violated, if the sentencing court based its decision on the statement made during prosecution of a witness （anonymously） in whose defendant waived hear     

产品责任方面的国际合同

<正> 一关于产品责任实体法方面的国际合作,目前有两个区域性的国际公约:一是《关于人身伤害和死亡方面产品责任的欧洲公约》(简称《斯特拉斯堡公约》,二是《产品责任指示草案》。前一公约是由欧洲理事会主持下拟订的,1970年开始起草,1972年与1975年先后提出两个草案交本,1977年1月27日公约及附件正式缔订并供开放签署。1978年奥地利、此利时、法国和卢森堡四国签署了该公约。根据该公约第13条第(2)款规定:公约将于欧洲理