Atypical Criminal Sanctions within the Scope of Plea Bargaining: Legality?

Abstract

This paper aims to analyze the possibility of establishing atypical criminal sanctions within the scope of plea agreements. In this context, the clash between legality and autonomy of will is debated in relation to the formulation of extralegal penalties, reflecting on the premise of whether or not there is a need to establish legal rationalization in order to set limits to the inherent discretion in the formalized agreement between the parties. Finally, after the decision-making process, the current jurisprudential position and the proposed conclusion will be presented.