The Institute of Agreement Between Parties in Croatian Criminal Proceedings - Pro Et Contra

Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and the right to participate in criminal proceedings states that the principle of the presumption of innocence and the right to a fair trial are enshrined in Articles 47 and 48. Charter of Fundamental Rights of the European Union (Charter), in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 11 of the Universal Declaration of Human Rights. The institute of agreement (settlement) of the parties was introduced into Croatian criminal law, following the example of German law, by the Criminal Procedure Act of 2008 for reasons of economy and relieving courts of cases. Although the institute is a “product” of the Anglo-Saxon legal system, in recent years an increasing number of European continental legislatures have introduced the institute of settlement into their national criminal law, finding justification in the principle of expediency for instituting criminal proceedings and the recommendation of the Council of Europe, the Committee of Ministers to member states R (87) 18 on the simplification of criminal justice. The agreement is …

Key words: institute of plea agreements, Croatian criminal procedure, just procedure.…