This motion has not been discussed in the Assembly and commits only those who have signed it.
Out-of-court settlement procedures, in particular plea bargaining
are widely used in criminal proceedings related to certain types
of offences in many Council of Europe member States. As a rule,
but not necessarily, it involves explicit recognition of guilt.
These procedures can ensure a substantial acceleration of the criminal process
and save significant resources.
Legal experts express diverse views about the efficiency of
out-of-court procedures, the results of its application, and their
full compliance with the “classical” principles of the rule of law.
In the meantime, one could hardly claim that substantive and universally
accepted international standards exist in this regard.
Therefore, the Parliamentary Assembly decides to take up a
study of the application of these procedures in practice, including
plea bargaining, and to analyse good practices, risks and problems,
with the aim of drawing up relevant recommendations for member States.