A plea agreement is made between the prosecution and the accused. The accused admits guilt and in return agrees with the prosecutor on the sentence, a lighter charge or partial dropping of charges. The court then gives its verdict without a full trial.
Who can propose it
Either the accused or the prosecutor can propose an agreement. The accused may also agree to cooperate or to compensate the damage.
What to know before you sign
- It is a guilty verdict — you will have a criminal record
- The court no longer examines the evidence in detail
- It doesn't release you from civil liability — the victim can still claim damages in court
- The prosecutor must explain all the consequences to you
What the court checks
The court checks whether the charge is well-founded and whether the sentence is lawful and fair. If not, it can refuse to approve the agreement.
The victim
The prosecutor must consult the victim before the agreement. The victim cannot appeal the agreement but keeps the right to file a civil claim.
When it's worth it
It depends on the strength of the evidence and what is being offered. Sometimes an agreement is the right decision, sometimes defending at trial is. Don't sign until your lawyer has reviewed the case file.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
This article is general information and does not replace advice from a lawyer on your specific case.