PRE-ADMISSION OF GUILT: BETWEEN THE SPEED OF JUDICIAL PROCEEDINGS AND GUARANTEES OF A FAIR TRIAL. A COMPARATIVE STUDY

Abstract

The pre-admission of guilt procedure is one of the most prominent mechanisms in contemporary criminal policy. It centres on the defendant waiving their right to a public trial in exchange for criminal penalties with mitigated benefits. Despite the practical advantages this procedure offers, namely alleviating the burden on judicial authorities and speeding up proceedings, it raises legal and rights-related issues. These issues are particularly linked to: (1) the lack of equality between the parties to criminal proceedings, (2) the extent to which the defendant is free to make the admission, and (3) the limited scope of the judge’s oversight of that admission. All of these factors challenge the guarantees of a fair trial, particularly the presumption of innocence.