Tuesday, September 3, 2013
Vanessa J. Carduck (University of Cologne) has posted Quo Vadis, German Criminal Justice System? The Future of Plea Bargaining in Germany on SSRN. Here is the abstract:
For over three decades, plea bargaining has been in the focus of the legal discussion in Germany. Although the German legislature has acted in 2009 by codifying permissible agreements in criminal cases between the court, the prosecutor and the defendant, an end of this debate is not yet in sight. This article reviews the controversy among academics, legal practitioners and politicians in Germany and critically analyzes the relevant legal issues of plea bargaining with special regard to the recent judgment of the German Federal Constitutional Court in March 2013.