As we all see that day-by-day crime is increasing due to which courts don’t have sufficient time to read each and every file and which further leads to pendency of cases up to years. To deal with all the investigation and punishment, Plea Bargain came into existence in 2006 as an amendment under the Code of Criminal Procedure under Chapter XXI, in Sections 265A to 265L. Cases which did not include death sentence, life sentence or imprisonment above 7 years can be solved under chapter XXI-A of the CrPC, through a contract between the prosecutor and the accused that requests both to agree on lesserpunishment. Through this process many cases can be solved between two parties without any interference of the court but a point of issue is that plea bargains can only be done if the accused is in favour and is agreeing to have a conversation with the prosecutor. Otherwise, case trials begin in a court of law. In the case of Santobello v New York 404 US 257, the United States Court accepted that plea bargains are an essential part for the administration to be properly managed and encouraged. In Georgia, plea bargains were introduced in 2004 by president Mikheil Saakashvili. According to reports, Georgia's police system was engorged with corruption and they were also linked with governmental organizations due to which criminals did not receive proper punishments. To overcome such situations, laws were amended so that the police can carry out investigations fairly and for the corruption to end. Chapter XXI of the Procedural Agreement deals with a plea bargain under which the prosecutor and accused can have a conversation and decide the punishment. If procedural agreement is concluded, it means that the accused did not accept the criminal charges on himself. On the other hand, if procedural agreements object to guilt that means the accused accepted the charges. Procedural agreement can only be concluded by any higher office and if they want can also reduce the punishment based on charges and must clear the accused that this will not lead to exemption of his/her civil liability.
These agreements must be written and certified by the court of law and be remembered that the agreement does not include any death or life sentence or any serious crime. The court may consider accordingly. If an accused observes that the situation is getting worse or undesirable for him, he/she may withdraw before the passing of any sentence, but after a sentence has been passed withdrawal is not allowed. Sometimes it happens that the court passes the sentence without hearing all the points. The concept of plea bargain was highly successful and most of the criminal cases in Georgia were concluded through procedural agreements. As Georgia was blamed for corruption before, now it was being criticized for this method also, as some said that Georgia provides lesser sentences in exchange of fines. In Russia this concept emerged during the 19th century called “summary proceedings”. Russian Code of Criminal Procedure was adopted in 2004. Under Chapter 40, a new procedure was established where the defendant agreed upon the charges against him. Although it is a special procedure it does not include communication between two parties or any lesser sentences. If the prosecutor or victim brings any charges against the defendant then the defendant should accept them and request the sentence. This procedure can give imprisonment upto 10 years. This is similar to the US procedure where the defendant does not give his consent for the charges. Many scholars called out this procedure as inappropriate as they believe that this will lead to disruption of both the criminal as well as the constitutional law. Some demand for removing this procedure from the Code. Currently Indonesia has no concept of plea bargaining, but has passed a bill which consists of some points and demands which are extremely required as of now for all the cases related to any activities came into court of law. Indonesia is trying hard for a provision that allows defendants for short hearing and imprisonment up to 7 years but this will be different from plea bargaining. A New Path in the Criminal Procedure Bill ❏ When the prosecutor is done with reading, the defendant should give confession on charges which are against him and the prosecutor may assign imprisonment up to 7 years. ❏ Confession must be signed by the defendant and public prosecutor.
❏ Judges must notify the defendant of his rights
❏ Must notify about the duration of sentence and may reject the confession if they doubt the truth.
Plea bargaining has been introduced as a solution to the problem of crowded jails, courts and delays in cases. It is useful for many countries and where it’s not applicable till now may be applicable in coming years or some similar solution because this will make a new justice system where every case must be heard and every criminal must get the appropriate punishment.
❏ Statute of Criminal Procedure (Nov.20,1864). Anthology of History of State and Law of the USSR.
❏ Code of Criminal Procedure Of the RF, art.314
❏ Criminal Code of the RF, art.62
❏ Code of Criminal Procedure of Georgia, Law No. 1772 of October 9, 2009
❏ Transparency International Georgia supra note 15, at7