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Plea bargaining: The uninvited guest at the International Criminal Tribunal for the former Yugoslavia

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Chapter Summary

The eventual product of plea negotiations is the settlement of the criminal case through the admission of guilt in the form of a guilty plea. At the inception of the International Criminal Tribunal for the former Yugoslavia (ICTY), the concept of plea bargaining as a method of case resolution was rejected as being inimical to the practice of international criminal law, and regulations relating to such agreements were not included in the Tribunals Rules of Procedure and Evidence (RPE). The RPE allow the Trial Chambers considerable control over the plea agreements and guilty pleas and with ensuring that the agreed upon charges to which an accused person pleads guilty are supported by sufficient facts. The chapter also discusses the numerous and significant benefits of plea agreements and guilty pleas. These include obtaining of valuable evidence, conserving judicial resources, and creating a clear historical record and combating revisionism.

Keywords: ICTY; plea agreement; plea bargaining; Rules of Procedure and Evidence (RPE)



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