Plea bargaining around the world: where it is used and limited

A guilty plea can end a criminal case before a witness has given evidence. Many countries allow some form of exchange between prosecution and defendant, but the rules differ widely. Some systems treat negotiation as routine, some regulate it tightly, and a few refuse to recognise it as a bargain at all.

What plea bargaining means

In its broadest sense, plea bargaining is an arrangement in which a defendant admits guilt in return for a benefit. The benefit may be a lesser charge, a lighter sentence or the dropping of other counts. Lawyers sometimes separate charge bargaining, which changes the offence, from sentence bargaining, which concerns the penalty. Not every country permits both.

Where it is central: the United States

The United States is the best-known example. Prosecutors have wide discretion over charges, and the great majority of convictions there follow a guilty plea rather than a jury trial. The US Supreme Court accepted the practice in the 1970s, provided the plea is voluntary and made with an understanding of its consequences. Later rulings confirmed that defendants are entitled to competent legal advice when deciding whether to accept an offer.

Critics say the gap between the sentence offered for a plea and the sentence risked at trial can pressure even innocent defendants. Supporters argue that without pleas the courts could not cope with their caseloads.

Systems that regulated it later

Germany, France and Italy

Continental European systems traditionally relied on the court to establish the truth, which sat uneasily with negotiated outcomes. Practice often developed informally first and was regulated afterwards.

• Germany: informal deals were common before a 2009 law allowed an agreement (Verständigung) in which the judge, not the prosecutor, indicates a sentencing range in return for a confession. The Federal Constitutional Court later stressed transparency, and the court must still test the confession against the evidence. A defendant cannot waive the right to appeal as part of the deal.
• France: a procedure introduced in 2004 lets a defendant accept a sentence pro