2016
June (26)
Where no English version exists, the Dutch and French versions are offered next to the PDF link; the PDF link itself opens the Dutch version.
02/06/2016
The State Prosecutor’s Office has discretionary power to offer, or not to offer, a plea bargain or to accept, or not to accept, a proposal of this kind which is made by an indicted individual. Indicted individuals do not have the right to demand a plea bargain.A plea bargain which leads to the termination of criminal proceedings can take place only where the main proceedings in the case are conducted before an investigating judge or a criminal judge provided that the investigating courts or the criminal court can exercise sufficient judicial review as to the merits, with regard to both the proportionality and the legality of the envisaged plea bargain, and provided that reasons for the decision to enter into a plea bargain are given so that this review can be undertaken.
Criminal law, plea bargaining / State Prosecutor’s Office, power, plea bargaining / Plea bargaining, conditions, judicial review / Plea bargaining, conditions, grounds / Plea bargaining, right to, absence.
Cause list number: 6158
Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.