СПОРАЗУМ О ПРИЗНАЊУ КРИВИЦЕ - PRO ЕТ CONTRA
PLEA AGREEMENT - PRO ET CONTRA

Summary/Abstract: This work presents the reasons most frequently cited in professional literature and practice, which justify this new criminal process practice for Bosnia and Herzegovina on the one hand, and criticize it on the other hand, and even point out its inappropriateness for our criminal procedure. Naturally, neither the list of reasons justifying guilt admission agreement nor the list of reasons criticizing it as presented in this work are exhaustive. The lists will certainly be expanded over time. The purpose ofthis work is to try to establish certain systematics in this field and to create a foundation for futyre consideration of this issue. Analusis of numerous advantages of this practice, as highlighted by its supporters, may lead to a conclusion that most ofthem are largely included for a reason. Naturally, one should refrain from uncontrolled praises or euphoria. Conversely, analysis of numerous criticisms ofthe practice of guilt admission agreement may lead to a conclusion that there can be no dispute about the existence of its certain, not negligible,weaknesses and drawbacks. A part of criticism may be regarded as largely unfounded. A significant share of criticism deals more with the application ofthe guilt admission agreement, than with its nature; however, appropriate application of such agreement in practice may alleviate many of the criticisms to a great extent. Professional literature in Bosnia and Herzegovina often mentions a problem that arises in practice, i.e. guilt admission agreement resulting as a rule in a milder punishment or a more lenient criminal sanction, where such practice lacks adequate rationale and is not always justified. Prosecutor rarely explains the particularly alleviating circumstances based on which pronunciation of a milder punishment is proposed upon guilt admission agreement. Naturally, there are also objections that can be regarded as completely founded. However, the question here is not whether the guilt admission agreement is a good or bad criminal procedure practice, but rather whether it is necessary in certain circumstances. It may be concluded with a high degree of certainty that in the criminal procedure system of Bosnia and Herzegovina, and not only there, it is utterly necessary.

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