Issue 13 (2019)

PLEA BARGAIN: JUSTICE OR PROSECUTORIAL DISCRETION

Abstract: A plea bargain is an institution that allows a court to convict without a substantive hearing. Its main priority is that it promotes speedy administration of justice. The institute has been widely established in Georgia and, despite criticism, has been used in most criminal cases since its inception. As a result of the implementation of the principle of speedy justice in the modern criminal process, accelerated litigation will be actively resumed – the so-called Institute of Rapid Court. Due to the peculiarities of using the institution of plea bargain in Georgia and reviewing Georgian legislation in this regard, it can be concluded that plea bargaining has both positive and negative aspects. Specifi cally: the use of a plea bargain institution reduces court costs, speeds up decision-making, reduces the number of cases in the common courts. The institute of plea bargaining is not just about pros. In its application, there may be a risk of a violation of the right to a fair trial guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, which should be avoided by a court of first instance in a judgment of conviction without substantive consideration. It must be assured that the plea agreement does not prejudice the rights and legal interests of not only the accused, but also the victim. It should also be noted that the Georgian version of the modern plea bargain requires additional research, analysis, in particular: an international fo-rensic context, where statistics will examine international experience, a view of judicial practice in the fight against organized crime (drug abuse, trafficking, terrorism).

SUBMIT YOUR ARTICLE AT

info@lawandworld.ge

EDITOR IN CHIEF