АДЕКВАТНОСТ ПРЕДЛОЖЕНЕ КРИВИЧНЕ САНКЦИЈЕ КАО УСЛОВ ЗА ПРИХВАТАЊЕ СПОРАЗУМА О ПРИЗНАЊУ КРИВИЦЕ
THE ADEQUACY OF THE PROPOSED CRIMINAL SANCTIONS, AS A CONDITION FOR ACCEPTANCE OF THE PLEA BARGAIN

Summary/Abstract: A plea bargain is subject to court control in all criminal procedure systems. In order to be accepted, a plea bargain has to meet certain requirements. Among the requirements a special place has a requirement requesting that a criminal sanction proposed in a plea bargain has to be adequate i.e. that the purpose of punishing can be achieved by virtue of the proposed criminal sanction. There is no criminal procedure legislation where a court is obliged to accept the criminal sanction proposed in a plea bargain. As a rule, this requirement is expressly stipulated, which is for example a case in all legislations of the former SFRY countries. There is no doubt that the mentioned requirement exists also in those, really rare, legislations which do not expressly stipulate it. As for criminal procedure codes applicable in the territory of Bosnia and Herzegovina this requirement is not expressly stipulated. Regardless of the mentioned fact, the court practice considers that the said requirement has to be met without any exception. A certain dilemma is created by not prescribing this requirement for acceptance of a plea bargain. Since there is no justifiable reason for not expressly stipulating the adequacy of the proposed criminal sanction for acceptance of a plea bargain, i.e. the need to achieve the purpose of punishing with the criminal sanction, and the existence of the requirement is not disputable in any way, the said requirement is necessary to be stipulated by virtue of future amendments of criminal procedure law in BiH.

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