THE COMPLIANCE WITH THE RIGHT TO A DOUBLE DEGREE OF JURISDICTION IN THE MATTER OF PLEA AGREEMENT

Abstract

The expansion of negotiated justice phenomenon has generated and continues to produce profound reverberations in current legal systems. The emergence and development of proprietary forms of manifestation of the concept has led to important structural changes in the procedural architecture of all contemporary jurisdictions, regardless of their origin, continental or common-law. The collision of this new form of accomplishing justice and public safety with the established landmarks of the classic criminal process has led to a paradigm shift in relation to the nature and consistency of the fundamental rights of participants in the criminal process. 
 One of the most important such rights is the right to a double degree of jurisdiction in criminal matters, a principle widely embraced by all major legal systems. The interference of the landmarks on which representative institutions for the idea of negotiated justice are based on with this principle has caused many controversies regarding its imminent dissolution, discussions found even at local level, with the introduction of the special procedure of the plea agreement in the current Code of Criminal Procedure.