The plea bargaining in Germany from a comparative perspective with the plea bargaining in the United States and suggestions for Vietnam

Abstract

Germany is a country based on the inquisitorial system. The idea that both the facts of the case and the appropriate sentence could be negotiated between the parties is alien to the German criminal justice system. However, in order to enhance the ability to solve criminal cases, in Ausgust 2009, the German Parliament passed a law that allows for plea bar gaining, a fundamental change in the German Code of Criminal Procedure. This article focus on introducing the plea bargaining in German and comparing with plea bargaining in USA to better understand the flexible changing of this procedure in a inquisitorial country. On this basic, some suggestions for Vietnamese criminal proceedings are given.