Plea bargains: benefits and risks
Plea bargaining has become one of the tools that allows parties to criminal proceedings to reach a compromise. It is an agreement under which a suspect or defendant pleads guilty in exchange for a reduced sentence, and the state saves resources for investigation and trial. But this tool has both significant advantages and risks. Advantages …
Plea bargaining has become one of the tools that allows parties to criminal proceedings to reach a compromise. It is an agreement under which a suspect or defendant pleads guilty in exchange for a reduced sentence, and the state saves resources for investigation and trial. But this tool has both significant advantages and risks.
Advantages of plea bargaining agreements
- Speed of case consideration: the agreement avoids lengthy court proceedings, which saves time and resources of courts, prosecutors and lawyers.
- Mitigation of punishment: the defendant may receive a less severe sentence, and in some cases, probation.
- Compensation to the victim: the agreement provides for compensation for damages, which has a positive impact on the relationship between the parties.
- Closing the case: after the court approves the agreement, the accused can leave the criminal prosecution behind and return to normal life.
- Reducing the burden on the system: Reducing the number of court cases allows judges and investigators to focus on more complex proceedings.
Risks and challenges
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- Pressure on the suspect: law enforcement officers can induce a plea bargain even in situations where there is insufficient evidence or no crime is committed.
- Manipulation by the prosecutor: there is a risk that the agreement will be used to obtain “convenient” testimony or to secure evidence that is not true.
- Selectivity: prosecutors may favor plea bargains with certain individuals, which creates risks of unequal treatment.
New developments in corruption cases
In 2024, the legislation was amended to allow for plea bargaining in corruption cases. However, this is only possible under certain conditions, for example, if the accused contributes to the exposure of other criminals or compensates for damages.
Why is transparency important?
To avoid abuse, agreements should be entered into exclusively on a voluntary basis, respecting the rights of the parties. The court should carefully review the terms of the agreement to ensure that it complies with the principles of fairness and legality.
Plea bargaining is an effective tool that helps to relieve the judicial system and ensures quick resolution of cases. However, their use requires transparency, clear criteria and control to avoid abuse and ensure public confidence in justice.