PLEA BARGAINING IN THE FUNCTION OF EFFICIENCY OF CRIMINAL PROCEDURE - STANDARDS AND PRACTICE IN THE REPUBLIC OF SERBIA

Abstract

The efficiency of criminal proceedings in conjunction with economy is an integral component of the principle of procedural economics. Its realization was first noticed in the law of the USA, then in the countries of continental Europe, through certain instruments that were implemented in our criminal procedure in due time. The need for more efficient criminal proceedings is a consequence of the longer duration of criminal proceedings or some of its stages, costs that sometimes exceeded the damage caused by crime, and the accumulation of cases before the courts, which did not affect any of the parties. Although he was criticized primarily for annulling the upper limit of the threatened sentence, and providing space to conclude on a crime of any gravity, the paper recognizes the plea bargaining as a kind of instrument for effective state response to crime. By comparing it with other consensual forms of criminal procedure, the efficiency of the judicial bodies of the Republic of Serbia, whose results were obtained by statistical analysis, is brought to the fore.