GENERAL OVERVIEW OF ALTERNATIVE PROCEDURES IN CRIMINAL PROCEEDINGS
GENERAL OVERVIEW OF ALTERNATIVE PROCEDURES IN CRIMINAL PROCEEDINGS

Summary/Abstract: The plea bargaining is an Anglo- Saxon institution of adversarial criminal procedure primarily of the US, through which US courts resolve most of the criminal cases. As a result of the admission, the defendant may give up the trial through the court review and agree with the prosecutor on the type and the amount of the punishment for a criminal offence or offences included in the charge. Such an agreement can be implemented in two directions: horizontally and vertically. In the vertical aspect, the plea bargain of the defendant is related to the stage when the prosecutor proposes a sentence bargaining to the judge, whereas in the horizontal aspect the plea bargain is reached between the prosecutor, the defendant and his defense counsel and is endorsed by the judge. The mediation procedure enables resolution of disputes over certain criminal offenses through mediation. Mediation as an extrajudicial activity is a relief for the court and prevents undiserable legal and social consequences. The mediation between the victim and the perpetrator takes place not only through extrajudicial practices but also within the criminal justice system.

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