Descripción
Sumario:The practice of plea bargaining presents several issues of legitimacy in legal systems of civil law. In the following article the author explores those issues through the lens of two seminal decisions. In sections II and III the reader can find a summary of the legal debate on plea bargaining in Germany and an analysis of the recent judgment of the Federal Constitutional Court of Germany, in which the Court put forward its own interpretation of the new German law on agreements in criminal matters. In section IV the author examines a relatively new judgment of the European Court of Human Rights on the matter. In the final section, a concise conclusion is offered.