Tue, Apr. 19, 2005

Plea Bargains Legal

CK - Washington.   The Senate for Criminal Matters at the Federal Supreme Court in Karlsruhe decided, en banc, that plea bargains are a legal concept despite the lack of a statutory foundation. It held that courts may not participate in the negotiation of waivers by defendants of their right to appeal.

In its decision of March 3, 2005 and its press release 58/2005 of April 18, 2005, docket number GSSt 1/04, the court noted that it may not engage in judicial activism and establish rules to sanction plea bargains in more detail. It encouraged the legislative branch to consider the value of plea bargains as a tool of criminal procedure and provide a statutory basis for its formal introduction into the criminal law.


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