What is a plea agreement?
A plea agreement is a form of settlement, or compromise, in criminal proceedings. It is concluded between the public prosecutor’s office, as the prosecuting authority, and the defendant. The purpose of this institution is to remove the uncertainty about the final outcome that by its nature accompanies proceedings, both from the defendant’s perspective and from that of the prosecution. It also considerably eases the work of the prosecution and of the court, whose task is significantly more complex where there is no agreement.
What are the conditions for concluding a plea agreement?
There are no special conditions for concluding a plea agreement. It is permitted in respect of any criminal offence, regardless of the prescribed penalty. It is concluded in writing, from the issuing of the order to conduct an investigation until the closing of the main hearing. The defendant must have defence counsel when the agreement is concluded.
What does a plea agreement contain?
A plea agreement contains:
- a description of the criminal offence charged
- the defendant’s admission of having committed the offence
- agreement on the type, measure or range of the penalty or other criminal sanction
- agreement on the costs of the criminal proceedings, on the confiscation of proceeds of crime and on the civil claim, if one has been filed
- a statement by the parties and defence counsel waiving the right to appeal against a decision by which the court has accepted the agreement in full
- potpis stranaka i branioca
Who decides on a plea agreement?
For a plea agreement to take legal effect, the court must accept it. The public prosecutor, the defendant and defence counsel are summoned to the hearing at which the agreement is decided.
Can the court surprise the defendant?
The court has no power to decide on a penalty or other criminal sanction different from the one agreed. In other words, the court is bound to accept the agreed sanction if it has been proposed in accordance with the law. For the court to accept a plea agreement, there must also be other evidence that is not inconsistent with the defendant’s admission of having committed the offence.
The content of the agreement is negotiated with the prosecutor, so the role of a criminal defence lawyer in Novi Sad significantly affects the final sentence.
An agreement is also possible for offences such as domestic violence, where the circumstances of the case substantially affect the length of the sentence.
Danilo Babić – attorney at law, Novi Sad
