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The plea bargaining mechanism is intrinsically related to underlying issues of Criminal Procedural Law, as its existence and occurrence entail unique consequences for the structuring of the founding principles of a given legal system. Therefore, before attempting a conceptual delimitation of its contours, certain preliminary clarifications are required. Firstly, in Sect. 2.1, the principles of legality, opportunity, and consensus shall be examined. We begin by highlighting the need for a revision of the definitions commonly outlined by the legal scholarship, as they result in interpretative difficulties, especially when the analytical framework is that of a Democratic Rule of Law.

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Legality or Opportunity: Defining Variables and Delimiting the Boundaries of Bargaining in the Consensual Justice System

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  • 发表日期：

    2026年

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  • Vinicius Gomes de Vasconcellos

摘要

The plea bargaining mechanism is intrinsically related to underlying issues of Criminal Procedural Law, as its existence and occurrence entail unique consequences for the structuring of the founding principles of a given legal system. Therefore, before attempting a conceptual delimitation of its contours, certain preliminary clarifications are required. Firstly, in Sect. 2.1, the principles of legality, opportunity, and consensus shall be examined. We begin by highlighting the need for a revision of the definitions commonly outlined by the legal scholarship, as they result in interpretative difficulties, especially when the analytical framework is that of a Democratic Rule of Law.