PLEA AGREEMENT WITH CRIMES OF HOMOGENEOUS CONNEXIONAL Cover Image

SPORAZUM O PRIZNANJU KRIVNJE KOD KRIVIČNIH DIJELA HOMOGENOG KONEKSITETA
PLEA AGREEMENT WITH CRIMES OF HOMOGENEOUS CONNEXIONAL

Author(s): Amna Gagula
Subject(s): Criminal Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: criminal proceedings; plea bargaining; criminal offense; prosecutor; defendant; reform of the criminal justice system; homogeneous connexional;

Summary/Abstract: Eventhough, through out the history, the Anglo-Saxon and Continental European legal system were two completely separate and distinct legal systems, in recent times it feels a growing tendency of their convergence. Institutes that have been typical of one of them so far, are being adopted in other legal systems and modified to its needs, thus creating a variety of its forms. Those new modalities and forms result by creating entirely new concepts. This trend is very positive because it involves the breadth of mechanisms to combat crime and creates a far greater scope of practice of various institutes. One such institute, which certainly brings these two important legal systems together, is institute of plea bargaining. This institute is daily being accepted into the new European legislation and its application is constantly expanding and modifying. Although it is still the target of critics, especially by European and especially conservative experts, it is evident that the introduction of this instrument produced visible results. Still, in countries that have no longer tradition of applying this institute, it is visible that percentage of its use in practice is significantly less then in other countries like The United States, or England. On the other hand, European countries use to adapt this institute to their terms and legal traditions. In such modifications, comes to the implications and the other issues on the rules of criminal procedure. Therefore, in literature is listed expression that it is a kind of graft. In practice, in our law, the disputable issues are noticed in the application of this institute with the offenses including homogeneous connexional in certain cases. Therefore, below, the author mostly deal with this issue.

  • Issue Year: 9/2016
  • Issue No: 17
  • Page Range: 93-117
  • Page Count: 25
  • Language: Bosnian