Concept and criminological principles of plea bargaining in criminal justice system
Criminology and its teachings can always be effective in explaining and expanding the existing institutions in the criminal justice system. plea bargaining is one of these important institutions in the prosecution phase of criminal proceedings that has been established in the common law system. This institution , which is in fact the agreement of the accused with the prosecuting authority in the field of his accusations, has clearly used the teachings and findings of preventive criminology and critical criminology, and with a fundamental look, its criminological foundations can be found in many searched for schools and theories.In the present study, by examining the schools and theories of criminology, it can be concluded that the teachings of peace criminology and school of restorative justice, the teachings of preventive criminology and the school of realization or affirmation, school of modern social defense, school of utilitarianism, the teachings of interactive criminology and the theory of labeling and interactionism and finally the school of criminology of convicts can be important and valid as the foundations of the establishment of such a criminal institution. The purpose of addressing these theories and schools and combining them with plea bargaining is to fully understand and apply it to the requirements of the Iranian criminal law system. The present research method is fundamental, analytical and library and has been done by reviewing in books, articles and valid research sources.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.