International Journal of Law And Criminology
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VOLUME
Vol.05 Issue06 2025
PAGE NO.
25-26
10.37547/ijlc/Volume05Issue06-06
Plea Bargaining: Concept, Legal Framework, And
Conditions of Conclusion
Abbosjon Abdugafforov
Trainee of the Higher School of Judges, Uzbekistan
Received:
22 April 2025;
Accepted:
18 May 2025;
Published:
20 June 2025
Abstract:
This article explores the concept of plea bargaining, its legal foundations, and the conditions under
which such agreements are concluded. The study focuses on the relevance of plea agreements in modern criminal
procedure, their role in ensuring the efficiency of justice, and the protection of the rights of both the accused and
the victim. The article also analyzes international practices and highlights the significance of procedural safeguards
in the implementation of plea bargains. Special attention is paid to the legal criteria required for a valid plea
agreement, including voluntariness, full awareness, and judicial approval.
Keywords:
Plea
bargaining, criminal procedure, legal framework, agreement, justice efficiency, accused’s rights,
procedural safeguards, voluntariness, judicial control, legal system.
Introduction:
In recent years, a new stage of judicial
and legal reforms has been observed in the Republic of
Uzbekistan. In order to improve efficiency in criminal
proceedings and ensure reliable protection of human
rights, a number of new procedural institutions have
been introduced. One of them is the institution of plea
bargaining.
This institution allows the accused to admit their guilt,
which in turn facilitates the imposition of a lighter
sentence and allows for the simplified conduct and
review of criminal proceedings. As a relatively new yet
practically important element of criminal procedural
law, the plea agreement has been consolidated in
national legislation. This article analyzes the legal
foundations, practical significance, and conditions for
concluding such an agreement.
A plea agreement is a procedural contract between a
suspect or accused person and the prosecutor, under
which the accused fully admits their guilt and, in
compliance with specified conditions, expects a more
lenient sentence from the court. This agreement must
be approved by the court and only after such
confirmation does it acquire legal force.
According to the amendments introduced into the
Criminal Code and the Criminal Procedure Code of the
Republic of Uzbekistan, the mechanisms for concluding
and approving plea agreements are strictly regulated.
Specifically, Article 572 of the Criminal Code and
Chapter 62¹ of the Criminal Procedure Code (consisting
of 10 articles) establish the legal basis, conditions, and
procedures of this institution.
The following conditions must be met to conclude a
plea agreement: the suspect or accused must
understand the nature of their actions and the
consequences of submitting the petition; the petition
must be submitted voluntarily and after consultation
with a defense attorney; and the suspect or accused
must not dispute the charges, the existing evidence, or
the nature and extent of the harm caused
—
and must
have taken measures to compensate for it.
In international practice, plea bargaining is widely
known and used, particularly in the United States,
where over 90% of criminal cases are resolved through
such agreements. Similar institutions exist in the United
Kingdom and Germany, where acceptance of a guilty
plea by the court is subject to strict procedural rules. In
the Russian Federation, a comparable institution exists
un
der the name “preliminary cooperation agreement,”
where the suspect may receive a reduced sentence in
exchange for cooperating with investigative bodies.
In Uzbekistan, this institution has been implemented
since 2021 and should be developed in harmony with
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
the national mentality, legal traditions, and judicial
practice.
However, in practice, several challenges have arisen in
the process of concluding plea agreements. For
example, there is no reliable mechanism to verify
whether the plea was made under pressure; courts
sometimes formally approve agreements without
sufficient attention to their authenticity; and
investigative bodies occasionally misuse this institution
as a tool to exert pressure on the accused.
To improve the effectiveness of the plea agreement
institution, the following recommendations are
proposed: strengthening judicial review
—
courts must
ensure that the plea was made voluntarily and
genuinely when approving agreements; defining legal
terminology
—
there is a need to clearly define the
conce
pt of “plea of guilty” in legislation; and
generalizing judicial practice
—
standardizing various
approaches in practice to create unified procedures.
CONCLUSION
In conclusion, the plea agreement is not only a tool for
simplifying criminal proceedings and court processes
but also an effective means of ensuring justice in
criminal cases. Proper and effective application of this
institution creates incentives for the accused,
guarantees the rights of victims, and contributes to the
timely and complete investigation of crimes
—
thereby
fulfilling the objectives of criminal procedural
legislation.
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