A plea agreement is a special procedure in which a defendant, with mandatory legal assistance, admits committing the act and accepts the legal classification on which criminal proceedings have been formally brought, in return for a reduction of the statutory sentencing limits. It is available only for offences punishable by a fine or imprisonment of no more than 15 years, under Article 480 of the Romanian Code of Criminal Procedure.
Who can enter into a plea agreement?
Under Article 478 of the Code of Criminal Procedure, an agreement may be concluded between the defendant and the prosecutor only during the criminal investigation, after the formal commencement of criminal proceedings against the defendant. Either may initiate it, and it is subject to the approval of the hierarchically superior prosecutor. Where proceedings concern several defendants, a separate agreement may be concluded with each, without prejudicing the presumption of innocence of those who have not entered into an agreement. Juvenile defendants require their legal representative’s consent.
What conditions must be met?
Article 480 limits the procedure to offences punishable by a fine or imprisonment of up to 15 years. The evidence must provide sufficient information establishing both the act for which proceedings were formally brought and the defendant’s guilt. Assistance by a lawyer is mandatory when the agreement is concluded.
What does the agreement cover?
The agreement covers admission of the act and acceptance of its legal classification, the type and amount of the penalty and the way it is to be served. Depending on the case, it may also concern the type of educational measure, waiver of the application of a penalty or postponement of its application, under Article 479 of the Code of Criminal Procedure.
What reduction is available?
The statutory limits are reduced by one third for imprisonment and by one quarter for a fine, under Article 480(4). For juvenile defendants, the statutory periods of custodial educational measures are reduced by one third when such a measure is chosen.
Is a plea agreement the right choice?
The decision depends on the strength of the evidence, the prosecutor’s proposed legal classification and the actual consequences of the reduction in the particular case. It is a strategic decision to be made with a lawyer after careful review of the evidence available at that stage of the investigation.
This article provides general information, not legal advice for an individual case. The suitability of a plea agreement must be assessed by a lawyer familiar with the case file.