An intensely sweating man sits across from a sharp-looking prosecutor who persuades him to sign a plea bargain. We’ve seen this scene in every American movie. But in real life, this is not what a plea bargain looks like. In this article, we’ll look at what to expect from it and when it can be entered into.
A plea bargain is one of the departures in criminal proceedings in which the defendant agrees to plead guilty in exchange for a more lenient approach in determining punishment. It is a legal institution known mainly from American movies. It was only introduced in our country in 2012.
The plea bargain was introduced in the Czech Republic in response to the need for a more efficient and quicker resolution of criminal cases. Traditional court processes tend to be very lengthy and costly. The plea bargain allows for faster processing of criminal cases, thus reducing the burden on the courts and speeding up the administration of justice.
Where possible, the accused must be informed of the possibility of concluding a plea agreement during the pre-trial phase, i.e. before the indictment is filed. This is the stage at which the investigation and the gathering of evidence takes place. The public prosecutor and the accused (or his/her lawyer) can negotiate a plea bargain, which must then be approved by the court.
However, it can be negotiated after the indictment has been filed and can also be negotiated during the trial before the court of first instance (including the main trial). Logically, this possibility ceases after the court has pronounced its judgment.
Tip: What stages of the criminal procedure do we have and how do they proceed? Find out in the next article.
A plea bargain is most often initiated by the prosecutor. If this seems to be the most appropriate solution, it is a recommended procedure. However, an agreement can also be requested by the opposing party, represented by the accused himself or by his defence counsel. However, the accused has no legal right to enter into a plea bargain. Whether the prosecutor agrees to it is entirely at his discretion.
The accused is not required to have a lawyer when negotiating a plea bargain (except in cases of indispensable defence or where the accused is a juvenile). However, we would strongly recommend that you retain a defense attorney in this case. This is because a lawyer will ensure that your rights are respected throughout the plea bargaining process. In addition, he or she will also help you understand your rights and what the consequences of pleading guilty and entering into a plea agreement will be.
An available attorney will protect your rights.
We will evaluate your case, represent you in entering into a plea agreement and, if necessary, provide a defense in court. You will be handled by an attorney with more than 10 years of experience in criminal law.
The main condition of a plea bargain is that the accused must plead guilty to the offence for which he or she is being prosecuted. This can be a misdemeanour or a felony, but not a particularly serious crime (i.e. a crime for which the upper limit of imprisonment is at least 10 years). A plea bargain also cannot be concluded if the accused is prosecuted as a fugitive.
The public prosecutor and the accused (or his/her defence lawyer) meet for a joint plea bargaining session. The victim may also attend this meeting. If they agree on a deal, the prosecutor presents it to the court.
The plea agreement must include:
Once the agreement is signed, the prosecutor submits it to the court for approval.
If the victim has a claim for compensation, this can be included in the plea agreement. Another option is that the court decides on the compensation directly, together with the approval process of the agreement itself.
Tip: If you are a victim in a criminal case, you have special procedural rights that are good to know. In this situation, it pays to be represented by an attorney. We can help you enforce those rights.
Once the plea agreement has been signed, the prosecutor files a motion with the court to approve it. The court may reject the plea agreement on the basis of procedural defects (e.g. if the sentence is excessive). However, the court itself cannot modify the agreement in any way. The other option is to order a public hearing to decide whether to approve the plea.
The prosecutor and the defendant must attend this meeting. In practice, the prosecutor reads out the agreed plea agreement and the accused can then comment on it. What is particularly important here is whether the accused fully understands the content of the agreement and did not sign it under duress, etc. In addition, the court takes into account the offence itself and the proposed sentence, as well as the interests of the victim. On the basis of the consideration of these factors, the court shall, by order, approve or disapprove the agreement.
Disapproval of the agreement does not necessarily mean the end. It may be reworked or redrafted with new terms. If disapproved, it is also possible to file a complaint against the order.
A complaint must be lodged with the authority against whose order it is made within three days of notification or service of the order. The complaint may be submitted in writing, or orally on the record or electronically. It shall have suspensive effect only where the law expressly so provides.
The authority that issued the decision will only decide on the complaint in the case of so-called self-medication, i.e. in the case where it fully upholds the complaint. In all other cases, the superior authority decides.
Tip: When is it possible to defend a complaint in criminal proceedings? Find out in our next article.
Plea bargaining is an effective tool that speeds up criminal proceedings and reduces the burden on the courts. It allows defendants to plead guilty usually in exchange for a lighter sentence, which benefits both parties. The plea bargaining process involves careful negotiations between the accused, the prosecutor and, where appropriate, the victim, and requires court approval.
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