The plea agreement (sporazum o priznanju krivičnog dela) is a legal institute regulated by the Criminal Procedure Code, which allows the defendant to agree with the public prosecutor on the type and amount of punishment or other criminal sanctions, on the public prosecutor’s waiver of criminal prosecution for criminal offenses not covered by the plea agreement, on the costs of the criminal proceedings, and on the property claim.
By signing the plea agreement, the parties and defense attorneys, i.e., the criminal law attorney, waive the right to appeal against the court’s decision made on the basis of the plea agreement.
Thus, this is a type of agreement concluded between the public prosecutor and the defendant, with the mandatory presence of a defense attorney, and can be concluded from the issuance of the order to conduct an investigation until the end of the main trial. This mechanism contributes to the efficiency of criminal proceedings and alleviates the burden on courts, but it also carries significant legal consequences for the defendant.
What Does the Plea Agreement Contain?
The plea agreement typically contains:
- Description of the criminal offense the defendant is charged with
- Type and amount of punishment or other criminal sanction the defendant agrees to
- Statement that the defendant voluntarily accepts the agreement
- Statement on costs of the criminal proceedings
- Waiver of the right to appeal