The Reform of the Romanian Code of Criminal Procedure
Expert Workshop: Bargaining and settlement in criminal procedure and
alternative forms of pre-trial detention
Organiser: Cornelia Riehle, ERA in cooperation with Romanian Ministry
of Justice
Languages: English and Romanian (simultaneous interpretation)
Event number: 307D86
Date: Bucharest, 11-12 October 2007
Contents
The proposed expert workshop will deal with two special issues in criminal
procedures: first, the friendly settlement of criminal procedure especially
considering the question of plea bargaining, and second, alternative forms of
pre-trial detention measures especially regarding the option of using home arrest
and electronic monitoring.
The event will take the form of a two-day expert workshop. Expert speakers
will be both academics and practitioners directly working in the field.
The expert workshop will address draftsmen of the Romanian legislative institutions
and in particular members of the Ministry of Justice's commission on the draft
code of criminal procedure.
All experts will be asked to provide extensive written papers beforehand so
that major time can be spent on discussion.
Speakers and Chairpersons
- Tudor Chiuariu, Romanian Minister of Justice, Bukarest
- Prof. Dr. Dr. h.c. Hans-Jörg Albrecht, Director at the Max Planck Institute
for Foreign and International Criminal Law, Freiburg i.B.
- Prof. Dr. Robert Esser, Chair for German, European and international criminal
law and criminal procedure, University of Passau
- Gaon Hart, Senior Crown Advocate, Special Crime Division, Crown Prosecution
Service, United Kingdom
- Jackie Knox, Criminal Justice Directorate, Scottish Government, Edinburgh
- Dr. Miklós Ligeti, Ministry of Justice and Law Enforcement, Hungary
- Cornelia Riehle, Course Director, European Public and Criminal Law, ERA,
Trier
- Dr. Wolfram Schädler, Generalbundesanwaltschaft, Karlsruhe
- Nathalie Soumy, Ministry of Justice, France
- Judge Andreea Stoica, Romanian Commission for the Reform of the Criminal
Procedure Code, Bukarest
- Prof. Dr. Klaus Tolksdorf, Presiding Judge, Bundesgerichtshof, Germany
- Prof. Ekaterina Trendafilova, Judge at the International Criminal Court,
The Hague
Programme
11 October 2007: Bargaining and settlement in criminal procedures
| 09:00 |
Welcome and Introduction
Mr. Tudor Chiuariu |
Session I: Bargaining and settlement in criminal proceedings: Issues and
European framework |
| Chair: Andreea Stoica and Cornelia Riehle |
09.15
|
Reforming the Romanian Code of Criminal Procedure: Context
of the criminal justice system and need for reform
- History of Romanian criminal procedure and legal traditions
- The pressure on the criminal justice system
- Guarantee of Art. 6-1 ECHR
Andreea Stoica |
| 09.20 |
Introduction to the topic: Bargaining and settlement in
criminal proceedings within different criminal justice systems
- Adversarial vs. inquisitorial systems
- Possibilities for settlement at different stages
- Options offered to the suspect
- Possibilities and limits to introduce elements of common law into a civil
law system
Professor Robert Esser |
| 10.00 |
Discussion |
| 10.30 |
Coffee Break |
| 10.45 |
The European framework for bargaining and settlement in
criminal proceedings
- Following European standards in light of the area of freedom, security
and justice
- Nemo tenetur, the principle of publicity of criminal proceedings, the
right to fair trial, the obligation to prosecute under the ECHR
- Jurisprudence of the ECtHR
- CoE Rec. on the role of the prosecution
Professor Robert Esser |
|
11.15
|
Discussion |
|
12.15
|
Lunch |
|
Session II: National experiences
|
|
13.30
|
Plea agreements in a reform country: The reform of the
Code of Criminal Procedure in Bulgaria
Prof. Ekaterina Trendafilova |
14.00
|
Discussion |
14.15
|
Plea bargaining under a common law system: Plea acceptance
in England & Wales
Gaon Hart |
| 14.45 |
Discussion |
| 15.00 |
Coffee break |
| 15.30 |
"Comparution sur reconnaissance préalable
de culpabilité": First experiences with the Law "Perben
II" in France
Nathalie Soumy |
16:00
|
Discussion |
16.15
|
Bargaining and the waiver of the right to appeal in the
German case - the jurisprudence of the German courts and the response of
the legislator
Professor Klaus Tolksdorf |
| 16:45 |
Closing Discussion |
12 October 2007: Alternative forms of pre-trial detention
| Chair : Andreea Stoica and Cornelia Riehle |
Session I Alternative forms of pre-trial detention: Legislative issues |
| 09.00 |
Introduction to the topic: Non-custodial supervision
measures
- Home arrest and electronic monitoring
- Home arrest as a sanction and as a coercion measure
- Effectiveness, cost effectiveness, impact on reconviction rates and targeting
Professor Hans-Jörg Albrecht |
09:30
|
Home arrest as coercive measure: State of play in the EU-Member
States
Professor Hans-Jörg Albrecht |
| 09:45 |
Discussion |
| 10:00 |
Legislating home arrest as a coercive measure - The experience
of Hungary
- Provisions for the maintenance and termination of house arrest
- Regulations for monitoring advices
- Exceptions: Military
- Jurisprudence: National Supreme Courts, European Court of Human Rights
Dr. Miklós Ligeti |
10:30
|
Discussion |
11.00
|
Coffee Break |
11.30
|
Impact of forthcoming EU initiatives: Mutual recognition
of non-custodial pre-trial supervision measures
Prof. Hans-Jörg Albrecht |
11.45
|
Discussion |
| 12.30 |
Lunch |
Session II: Enforcing home arrest as a coercive measure - National experiences
|
| Chair: Andreea Stoica and Cornelia Riehle |
13.30
|
Release on bail on the British Isles: Scotland and England
& Wales
Jackie Knox |
14.15
|
Discussion |
14.45
|
Coffee Break |
| 15.15 |
"Avantgarde" in Germany:
The State of Hesse
Dr. Wolfram Schädler |
| 16.00 |
Discussion |
16.30
|
Summing up
Andreea Stoica |
|
17.00
|
End of the Workshop |
|
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