PROCEDURA SPECIALÃ PRIVIND ACORDUL DE RECUNOAŞTERE A VINOVÃŢIEI ÎN REPUBLICA MOLDOVA

Special procedures are rules derogatory from the common rules governing the criminal trial. They are also of a supplemental type and strict enforcement when a certain procedural aspect is regulated differently than the common rules. However, their purpose is the same, namely the resolution of the criminal and civil action, when required. Among these procedures, the agreement for acknowledgement of guilt is a transaction concluded between the prosecutor, as a representative of the state, and the defendant. The agreement for acknowledgement of guilt must meet certain requirements of substance and form. The court solutions in case of examining the agreement for acknowledgement of guilt can be of accepting the agreement for acknowledgement of guilt and admitting the factual basis of the offence for which the defendant acknowledges his/her guilt and of not accepting the agreement for acknowledgement of guilt. In the first situation, the judgment can be appealed only for procedural errors and the amount of punishment and, in the second situation, the prosecutor may file and appeal within 24 hours or, if not, the court orders the judgment of the case according to the usual procedure.