Plea bargaining institute in Russia: searching for the due process of law in criminal cases

• Main Author: Evgeniy Korchago
• Format: Article
• Language: English
• Published: Editorial AAR 2021-01-01
• Series: Laplage em Revista
• Subjects: Due legal processes; The Magna Carta; Criminal proceedings; The principles of a fair trial; Plea bargaining institute
• Online Access: https://laplageemrevista.editorialaar.com/index.php/lpg1/article/view/925

The article considers the concept of due legal processes, its development and the current state – the institute of plea bargaining. Historical and comparative methods of legal research allowed the author to analyze elements of the above-mentioned concept and its initial consolidation in the Magna Carta of 1215. The author of the article has traced the evolution of the socio-legal institute, its new essence in the Anglo-Saxon and continental law, and the international recognition after World War II in the fundamental UN documents. They have also analyzed the meaning of this concept in the modern era when, for the sake of economic feasibility and efficiency, it is often necessary to refuse due processes and replace them with abridged procedures. As a result, the author has proved that the institute of plea bargaining is an integral part of the current due process.