CRIMINAL PROCEDURAL ANALYSIS OF THE INITIATIVE AND NEGOTIATION FOR THE CONCLUSION OF A PLEA AGREEMENT ON THE TYPE AND SEVERITY OF THE CRIMINAL SANCTION AT THE PRE-INDICTMENT STAGE PURSUANT TO THE LAW ON CRIMINAL PROCEDURE IN REPUBLIC OF NORTH MACEDONIA

Abstract

The subject of analyzes in this paper is complex and refers to the issue of plea bargaining, specifically the initiative to commence negotiations for concluding a draft plea agreement on the type and severity of the criminal sanction at the pre indictment stage under the provisions of the Criminal Procedure Code of the Republic of Macedonia, which purpose is to enhance the efficiency of criminal proceedings, simplify the criminal justice process, and contribute to the overall fight against crime.
In Macedonian criminal procedural theory, the procedure of negotiating the type and severity of a criminal sanction is most commonly referred to as plea bargaining as reflected, for example, in the heading preceding Article 487 of the Criminal Procedure Code, entitled: "Non participation of the Court in Plea Bargaining." Since this term is generally accepted in Macedonian criminal procedural theory, it will not be the subject of a separate analysis in this paper. Instead, the paper focuses on the procedure for initiating and conducting negotiations between the public prosecutor and the suspect on the type and severity of the criminal sanction, without requiring the submission of a written statement admitting guilt.