Negotiated Case-ending Settlements: Ways of Speeding up the (Court) Process |
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Authors: | Julia Peters Bruno Aubusson de Cavarlay Christopher Lewis Piotr Sobota |
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Institution: | 1. Department of Criminology at the Law Faculty of the University of G?ttingen, Platz der G?ttinger Sieben 6, 37073, G?ttingen, Germany 2. Center for Sociological Research on Law and Penal Institutions (CESDIP), Ministère de Justice/CNRS, 43 Boulevard Vauban, F-78280, Guyancourt, Paris, France 3. Portsmouth University, University House, Institute of Criminal Justice Studies, Winston Churchill Avenue, Portsmouth, Hampshire, PO1 2UP, UK 4. Ministry of Justice, University of Warsaw, ul. Krakowskie Przedmieoecie 25, PL-00–950, Warsaw, Poland
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Abstract: | The subject of this article is a special type of fast-tracked case-ending decisions called “negotiated case-ending settlements”. Those proceedings are based on a kind of agreement between the parties, end with a real conviction of the offender and their legal consequence is a true but mitigated punishment. They can be found in six of 11 countries studied, namely, in England & Wales, Croatia, France, Hungary, Poland and Spain. The English guilty plea procedures, the French appearance before a court after prior admission of guilt and the Polish prosecutor’s application for a conviction to be rendered without a trial as well as the voluntary submission to penalty are examined more closely here. The comparative study focuses on the stage, where the negotiation is made, the conditions for the use of these settlements and the PPS’s role therein. |
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