Преговарање о кривици
Plea Bargaining

Author(s): Mladenka Govedarica
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criminal proceedings;Public prosecutor;Suspect;Accused;Defense counsel;Court;Plea bargaining;
Summary/Abstract: The Criminal Procedure Code in Bosnia and Herzegovina regulates the institute of plea bargaining in an identical manner. The conclusion of a plea agreement is possible for all criminal offenses, regardless of their gravity. The essence of the agreement is that the suspect or accused admits guilt and that the public prosecutor proposes to the court to impose a sentence below the legal minimum sentence for that crime, i.e. a milder sanction for the suspect or accused in accordance with the Criminal Code. The agreement can be concluded until the end of the main trial, i.e. the trial before the panel of the second instance court, and in addition to the parties, the presence of a defense counsel is also mandatory. The agreement must be in writing and it must show all the conditions whose cumulative fulfillment is required in order for the agreement to be considered by the court. The procedural activity of the court itself begins from the moment the indictment is submitted together with the agreement, and the final decision of the court on the agreement can go in the direction of its rejection or adoption.

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