De Lege Ferenda Considerations on Plea Bargaining in the Light of the Case-Law of the European Court of Human Rights
2023
Abstract
The paper deals with the recent topic of plea bargaining in relation to the case-law of the European Court of Human Rights. It focuses on several areas in the Court's jurisprudence, which are waiver of the right to a fair trial, prejudice to the accused, the right to a defense, the speed of criminal proceedings, and finally, the presumption of innocence and group cases.
The paper concludes with an assessment of whether the regulation of the plea bargaining procedure is in conformity with the jurisprudence of the European Court of Human Rights.