Some theoretical-practical aspects of plea bargain

• Author: Valbona Nano - Ylli Pjeternikaj
• Pages: 49-58

49

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Vol. 5 No.3

January, 2020

Some theoretical-practical aspects of plea bargain

Valbona Nano

Ylli Pjeternikaj

Abstract

Trad itionally, procedural criminal law and jurisprudence in the European legal systems have

always been stoical towards consensual law institutes, including plea bargaining, arguing that

the penal reaction is explicitly regulated by law, which does not allow dialogue, compromise

or negotiation, taking into account that the main objective is to protect fundamental social

values.

However, the positive benefi ts of the traditional institutes of procedural law in common law

states have drawn the a ention of European states, which have become sensitive to consensual

justice, giving it an important role in their legal reforms.

These developments have also been infl uenced by contemporary aspects of criminal justice,

characterized by dynamic development and reforms in many respects. The aim is to ensure

that criminal justice is equally accessible to all citizens and implemented in the shortest

possible time. These e orts lead to the constant search for di erent solutions to speed up

criminal proceedings. Simplifi ed action is a prerequisite for speeding up criminal proceedings.

In the criminal procedure system of Albania, the plea bargains institute is for the fi rst time

provided by Law No. 35/2017. The inauguration for the fi rst time of this institute arises the

need to conduct a scientifi c study, in order the law to be applied in practice. Any contribution

in this regard is of great importance.

Keywords: negotiation, plea bargain, defendant,prosecutor, sanction.

Introduction

Plea bargain is primarily an institute of American criminal procedure, through

which american courts se le most criminal cases (Sahiti, Murati, Elshani, 2014. 576).

More than 95% of sanctions in the federal and state systems of the United States are

product of plea bargaining (Bureau, 2012. Statistical 2015). Although plea bargaining

negotiations in this country have a long tradition of implementation, this institute

continues to be the subject of debate between supporters and opponents to fi nding

solutions for criminal cases through plea bargain (Danilo.2009.21).

The application of the agreement allows the criminal justice system to gain e ciency,

and speed and to reduce the workload (Nimm. 2016), (Santabello.1971, 260), (L.Rev

2014. 44). This avoids court cases characterized by slowness, accentuated formalism,

lack of fl exibility. However, even if the penal system succeeds in coping with a large

number of ordinary lawsuits, plea bargain makes it possible to allocate resources

more e ectively, even to very useful programs, as for example to the probation

service (S.White, 1971.440).

Another clear benefi t of a negotiated plea is to assist the prosecutor in obtaining