Plea Bargaining Before The Tribunal For The Former Yugoslavia Cover Image

Sporazum o priznanju krivičnog dela u praksi tribunala za bivšu Jugoslaviju
Plea Bargaining Before The Tribunal For The Former Yugoslavia

Author(s): Dragana Čvorović, Veljko Turanjanin
Subject(s): Criminal Law, International Law, Recent History (1900 till today)
Published by: Institut za uporedno pravo
Keywords: plea bargaining; Tribunal for former Yugoslavia; plea negotiation; selectivity;

Summary/Abstract: The authors in the work deal with the plea agreement in the international law – before the Tribunal for the former Yugoslavia. International law, which is glorified from the one side, and criticized for the other, gradually developed in the field of criminal procedure. This development is, however, largely influenced by political factors, which can be best seen in the proceedings before the Tribunal, where the individual rules are created during the criminal proceedings and particular amendments, followed by implementation of American legal solutions, despite all critics of the same rules in that system, as well as different opinions of the trial judges in the Tribunal. After the introductory remarks, the authors explain the legal basis of the plea bargaining. Then, they explain the majority of criminal cases in which occurred guilty plea. Through these cases, the authors came to the conclusion that, although in the national legal systems plea negotiation and plea agreement contributes to the efficiency of the criminal proceedings, briefly prescribed legal rules for its conclusion and application before the Tribunal once again proved a distinct selectivity in the delivering of justice in this area of international law.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 239-255
  • Page Count: 17
  • Language: Serbian