ПРИХВАТАЊЕ И ОДБАЦИВАЊЕ СПОРАЗУМА КАО СУДСКЕ ОДЛУКЕ И НЕКЕ ПОСЉЕДИЦЕ ОДБАЦИВАЊА СПОРАЗУМА
ACCEPTANCE AND REJECTION OF A PLEA BARGAIN AS THE COURT’S DECISION AND SOME CONSEQUENCES OF THE REJECTION OF A PLEA BARGAIN

Summary/Abstract: A plea bargain represents a new institute in the criminal procedure legislation of Bosnia and Herzegovina. Regarding the fact that this is a new institute it is understandable that its certain aspects remained unregulated or incompletely regulated. The consequence of the mentioned is a number of contentious issues. One of the issues is whether the acceptance and rejection are court decision, and if yes, which ones. Unlike some other legislations which have completely regulated these question, the legislators in BiH have not. Answers on some other important questions are dependent on this issue, for example, the possibility of an appeal against the decision on acceptance and rejection of a plea bargain, written issuance, delivery and explanation of the decision on acceptance andrejection of a plea bargain. Some opinions on these issues in professional papers and court practice have no base in criminal procedure law of BiH. Some other question regarding the acceptance and rejection of a plea bargain are not completely regulated, such as announcing and recording in the minutes the acceptance of a plea bargain, the procedure with a rejected plea bargain and the files regarding it, the possibilitythat a judge who has rejected a plea bargain after that leads the main hearing. Although a plea bargain is relatively often mentioned in the literature, these issues havenot received adequate attention. This paper has the aim to indicate some wrong views on these issues, as well as to indicate some other questions which should be regulated.

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