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Plea Agreement Case

Judgment 2 BvR 2628, 2013 NJW 1058 (2013)

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Plea Agreement Case

Germany Federal Constitutional Court
Judgment 2 BvR 2628, 2013 NJW 1058 (2013)

Facts

Three convicted criminals (the convicts) (plaintiffs) sued to overturn their convictions stemming from plea agreements. Two of the convicts argued that § 257c of the Penal Procedure Code was unconstitutional. Section 257c of the Penal Procedure Code allowed courts and defendants to enter into plea agreements in which the defendant must issue a confession, no verdict of guilt could be entered, and a specified range of sentencing options must be described. Additionally, § 257c limited plea agreements to the criminal matter involved in the particular case to which the agreement was applied. A plea agreement could not involve informal agreements on unrelated matters, such as the dismissal of investigations into the defendant’s other crimes. Section 257c also contained a cross-reference to § 244(2), which required judges to ascertain the truth, which in the context of a plea agreement meant that they needed to examine the veracity of a confession. The convicts had all entered into plea agreements that involved some form of informal agreements that were unrelated to the crimes for which they were accused.

Rule of Law

Issue

Holding and Reasoning (VoßKuhle, Lübbe-Wolff, Gergardt, Landau, Huber, Hermanns, Müller, and Kessal-Wulf, J.J.)

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