The “Young Barristers” – The Prosecutor’s office must overview the plea bargaining institute in a regime of dialogues

13 March, 2014

According to a statement of non-governmental organisation the “Young Barristers”, no plea bargaining must occur on crimes of various categories.

According to a lawyer of the organisation Levan Beradze, in frames of the new initiative, it is partially acceptable to tighten punishment types and sentencing during plea bargaining, however, new regulations must be decided in a dialogue with the society and human rights protectors. In the process of new regulations, it is important for the state simultaneously with maintiaining order to set responsibility of the citizens towards the law, as well as properly evaluate challenges and dangers which are connected to tightening of the criminal legislation.

The “Young Barristers” address the main prosecutor’s office and demand to publicize project of the new initiative in a reasonable time. Plea bargaining must not depend on a good will of a prosecutor or the state, instead, it must be regulated according to criteria defined by law. Every criminal act is individual and requires an individual approach, since it must be detected why the criminal committed a crime. According to the current legislation, plea bargaining is a discretionary right of the prosecutor. The prosecutor decides whether accept a plea bargaining process or not. Attention is not paid to the fact that the crime may be particularly serious and plea bargaining may still occur.

The “Young Barristers” believe the reform of plea bargaining is necessary, since most of the regulations that do not answer nor the international experience nor the liberal criminal policy offerd by the state, need to be improved. In any other case, an institute of plea bargaining will only be a form of gaining monetary gain for the state.

The organisation demands to organize a public discussion on the institute of plea bargaining before making any changes, in order to properly evaluate a severe criminal policy of 2003-2012 years and take further steps to eradicate the identified problems.



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