In 2012, Slovenia adopted the amendment to the Criminal Procedure Act (Zakon o kazenskem postopku - ZKP-K), which has brought several novelties. One of the most interesting and notable novelty was the introduction of the Institute of Plea Bargaining, which is for our continental system quite unusual. Despite the mismatch with our penal system the Institute has gradually established itself, but not without some new problems and questions. Following the introduction of the Institute, many experts are wondering how important it still is to continue the fundamental inquisitory principle of the search for material truth, when the suspect may plead guilty for various reasons, without the background or actual state being properly investigated. These few years have shown some anomalies occur, which will certainly be difficult to completely remove, but an invaluable help with that can come from prosecutors, judges and advocates, if they seek to uncover the truth.
The master's degree thesis is a brief overview of the Institute of Plea Bargaining with most characteristic advantages and disadvantages. You will find answers to what can affect the innocent defendant to admit or not to admit the guilt, and also what can affect the guilty defendant to admit or not to admit the guilt. Featured are psychological factors that significantly affect the decision of the defendant, whether he is guilty or innocent.
Many factors have an impact on the thinking of the defendant in criminal proceedings. Defendant, either guilty or innocent, is always weighing what is best for him, but problems arise mainly due to various constraints. In criminal proceedings roles of persons who accompany the defendant throughout the proceedings are also important, namely the roles of police, prosecutors and judges. These people seek to uncover the truth, so in different ways they are all putting pressure on the defendant and use different techniques of questioning, to get a realistic picture of the crime. The defendant therefore always has a feeling of inferiority, so the decision to admit the guilt for him is even harder. Decision of the defendant is also affected by other factors, such as family, age, criminal record, status and much more. Finally, it is always important that the judge is conscientious and fair and considerate of the fact that the admission is given in accordance with the conditions provided for by law.