One of the contemporary tendencies in the development of criminal procedural law is the introduction of simplified (summary) forms of criminal procedure,
aimed at accelerated resolution of criminal disputes and reducing the number of
criminal cases. Among the most common forms of simplified procedure in comparative law are institute of the plea bargaining (plea agreement), which represents
a settlement sui generis between the prosecutor and the suspect/accused, under
which the prosecutor offers to accused certain procedural benefits in exchange for
a guilty plea to committed crime.
These benefits, for example, can be reflected in proposing a more lenient qualification of the crime, or withdrawing certain elements in the charge, proposing the
imposition of lenient criminal sanctions etc. There are many arguments pro et
contra application of the institute in question. It is undoubted that the application
of a plea bargaining contributes to a faster resolution of criminal cases and to a
reduction of the costs of criminal proceedings, and at the same time such a confession, especially if it is accompanied by sincere repentance, can be a significant
satisfaction for victims, etc. On the other hand, the settlement of parties in criminal proceedings can significantly jeopardize the processes of establishing material
truth and corrective justice, especially in war crimes criminal proceedings.
These paper presents basic information on war crimes prosecutions in Bosnia and
Herzegovina and analyzes the legal framework for its implementation, as well
as the advantages and disadvantages of a plea bargaining. Statistical indicators
were collected and discussed on the scope of the plea bargaining in war crimes
committed in Bosnia and Herzegovina, which have been conducted before the
International Criminal Tribunal for the former Yugoslavia (ICTY), serbian and
german judiciaries, as well as courts in Bosnia and Herzegovina. It was found that
about one-quarter of those convicted by the ICTY have previously concluded an
agreement with The Hague Prosecution. In addition, the plea bargaining (plea
agreement) applies to war crimes cases to a large extent in the courts of Bosnia
and Herzegovina, where, interestingly, the scope of its application in relation
to these crimes is at the level of the average application of this institute of all
crimes prosecuted by the courts in Bosnia and Herzegovina, and is around 10%.
The somewhat smaller scope of the plea agreement for war crimes in Bosnia and
Herzegovina has been reported by the courts in the Republic of Serbia