Original scientific paper

Plea bargaining in criminal judiciary and legislation in Bosnia and Herzegovina

Hajrija Sijerčić-Čolić orcid.org/0000-0003-3090-9015 ; Pravni fakultet Univerziteta u Sarajevu, Bosna i Hercegovina
Vildana Pleh ; Pravni fakultet Univerziteta u Sarajevu, Bosna i Hercegovina
Ena Ena Gotovuša ; Pravni fakultet Univerziteta u Sarajevu, Bosna i Hercegovina

Abstract

The paper examines the procedural instrument of plea bargaining, referred to in literature as consensual, whereas the criminal procedure and judiciary model that applies it is referred to as the consensual
model. The authors write about the consensual impact on the development of criminal procedure from the position of criminal procedure legislation in Bosnia and Herzegovina, taking into account the reasons the modified form of the Anglo-American plea bargaining was introduced into the domestic legal system in 2003. In relation to that, its strengths and weaknesses are examined through the key issues of balancing between the demands for the efficiency of the criminal judiciary and the protection of basic human rights. Mainly presented are the research results through the continued sustainability of plea bargaining in practice (although overshadowed by a continuous decline in the number of cases over the years of research) and the efficiency and effectiveness of this instrument.

Keywords

plea bargaining; criminal procedure code; empirical research; efficiency; effectiveness; Bosnia and Herzegovina

Hrčak ID:

256461

URI

https://hrcak.srce.hr/256461

Publication date:

30.3.2021.

Article data in other languages: croatian

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