مفاوضة الاعتراف ما بين الواقع في الأنظمة القانونية والتطبيق في فلسطين وقطر: دراسة تحليلية مقارنة

Abstract

The need arose to find an alternative system for criminal settlement, which uses traditional means for resolving disputes, known as Plea Bargaining. The latter is based on mutual interests between the two parties, and where the accused confesses the accusation, and in this, the Public Prosecution’s interest is achieved in mitigating the effort of searching for evidence. In return, the accused benefits from a mitigated penalty or a modification of the accusation to become less serious. The Plea Bargaining benefits criminal justice system in reducing the backlog of courts, speeding up the settlement of cases, and shortening efforts and expenses. The study aims to study the extent of the effectiveness of Plea Bargaining in standing as an alternative to the criminal case, and the extent of its ability to solve the crisis of criminal justice represented partly in the backlog of courts. The problem of the study is based on the extent to which it observes legal standards for a fair trial, as well as measuring the effectiveness of its application in practice in the Arab countries; including Palestine and Qatar, in a manner that takes into account the achievement of retributive justice.