Globalization of the Plea Bargaining: Lessons From Countries With Unlimited System

Abstract

Plea bargaining is a global phenomenon among legal transplants of the criminal procedural law. It originated on the American continent, but become popular in the last 30 years around the world. Legislators, faced with the overloaded courts, found solutions in the comparative law that could solve this problem. Plea bargaining is far away from the perfect system of the solving criminal cases, since many critics follow this transplant. However, its positive sides are numerous, so it comes to life in every country where it is introduced. Of course, some states started from the beginning with rapid changes in legislations, completely turning its legal system to the Anglo- American. Others moved with significantly more caution, limiting plea bargaining on certain crimes. The author in this work deals with the agreement in countries with unlimited system of plea bargaining: Germany, Bosnia and Herzegovina and Serbia.