THE AGREEMENT ON THE RECOGNITION OF MISDEMEANOR AND ITS IMPLEMENTATION IN DOMESTIC LEGISLATION

Abstract

THE main idea of the institutionalization of the agreement on the recognition of misdemeanor is based on the assumption that the agreement between the parties can more easily put an end to the criminal proceedings. The agreement on the recognition of misdemeanor can be viewed in the light of reforms in the field of the Law of Delict and Criminal law having a more efficient procedure as their goal. The basic elements of this institute are the following: accepting the responsibility, willingness of the authorized applicant and legal prediction. Bearing in mind its legal effect, its elements are precisely prescribed. The agreement on the recognition of misdemeanor is not an original creation of the Law of Delict. It is taken from the criminal law, and its roots are found in the Anglo-Saxon law, where it is well- developed and widely applied. This paper shows its development in domestic legislation, its features, similarities and differences being compared with the criminal institute of recognition, as well as with the similar institutes in the Law of Delict. It includes the expectations, but also certain doubts in the term of its wider usage.