How can the negotiation of plea bargains in group cases affect the course and outcome of criminal proceedings?
Abstract
The presented article deals with one of the most problematic areas of the use of the agreement on guilt and punishment, namely its application within the framework of cases with multiple accused. Although, plea bargaining (agreement on guilt and punishment) is quite new topic to the Czech legal system, it is often discussed among scholars.
In the article, I present a brief introduction to the topic. I will describe the attitude of both Czech and international courts of law, especially the judgment of the European Court of Human Rights Mucha v.
Slovakia. In the end, I will compare all the problematic aspects to the recent case of an alleged unauthorised sale of apartments in the property of the city by Prague elected officials.
Some of the accused entered into a plea agreement, while the rest of them were acquitted. In such case, I think that a request for a new trial should be allowed.
I also think that the exclusion of a judge in such cases should be reformed.