Sporazumevanje o priznanju o krivdi - institut, ki je kazenski proces postavil na stranski tir

slovenian

2015

volume 41, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

Typical traditional criminal procedure model is founded on the premise of an independent and impartial judge who in an adversarial procedure adjudicates on guilt of the defendant and decides on the sort of penalty and its severity. Plea bargaining radically alters such traditional perspective of the criminal procedure. The question of the defendant's guilt or innocence is no longer decided in the trial during which evidence are produced, but based on informal bargaining between the prosecution and the defense. The result of such bargaining, i.e. a guilty plea, is often a consequence of a duress produced by the prosecution's offer of a lenient punishment of the defendant. It is a peculiar dilemma, characterized by American legal practitioners' well-known phrase "Plead guilty and get mercy or go to trial and get justice". Plea bargaining can be seen as a system which favors a guilty plea above all other evidence and as such is reminiscent of some other long gone evidence system which was founded on torture.

19.01.2017