The Institution of Plea Bargaining in Light of Law 5090/2024

Legal Insight

November 2024

Katerina Zografou, LL.M.

Abstract: Criminal plea bargaining is a modern institution in Greek criminal law that introduces an innovative framework for resolving criminal cases. The recently enacted Law 5090/2024—which brings radical changes to the Greek Code of Criminal Procedure—introduces significant amendments to this institution aimed at encouraging the process of criminal plea bargaining. This article provides a comprehensive overview of the process, analyzing the conditions of its application in light of the changes introduced by Law 5090/2024.

1. Introduction

The overload of the criminal justice system in many national jurisdictions has necessitated the adoption of alternative procedures to reduce the massive burden on criminal courts. One such alternative is the Anglo-Saxon concept of plea or sentence bargaining, introduced into Greek law by Law 4620/2019 and codified in Article 303 of the Code of Criminal Procedure (CCP).

The plea bargaining process aims to achieve an agreement between the defendant and the prosecutor. Under this framework, the defendant confesses to the factual basis of the charge, and the prosecutor initiates negotiations exclusively concerning the defendant's sentence (main or ancillary). If the process concludes successfully, the defendant secures a significantly reduced sentence compared to what they might have received in a trial and avoids the emotional and financial toll of waiting for the trial and facing uncertainty regarding the court’s final decision.

Article 94 of Law 5090/2024 introduces amendments to this institution, effective May 1, 2024, which are examined in detail below.

2. Plea Bargaining After the Amendments of Law 5090/2024

The plea bargaining process applies to all crimes prosecuted ex officio (whether misdemeanors or felonies) except for:

a) felonies punishable by life imprisonment (e.g., intentional homicide, drug trafficking),

b) crimes related to terrorism or organized crime, and

c) offenses under Chapter 19 of the Penal Code, including crimes against sexual freedom and economic exploitation of sexual life (e.g., rape, child abuse, revenge pornography).

These crimes are excluded due to their heightened moral and social reprehensibility.

The parties involved in the negotiation are the defendant (personally or through their lawyer) and the prosecutor. Previously, only the defendant could initiate the process. Under Law 5090/2024, the prosecutor can now also initiate the process if deemed appropriate, considering the circumstances of the offense and the defendant's character. In cases of property crimes, the prosecutor may require full restitution of damages or a significant effort by the defendant to provide restitution as a condition for initiating negotiations. This addition enhances the practical application of plea bargaining, contributing to trial efficiency and docket relief.

Before Law 5090/2024, the defendant could request plea bargaining during specific procedural stages, such as:

a) after criminal charges are filed until the completion of the preliminary or main investigation,

b) after the main investigation until the issuance of an indictment or direct referral to trial,

c) after an indictment is issued until the service of a summons, and

d) until the commencement of evidence presentation at trial.

The new law extends the process to two additional stages:

a) during the preparatory phase, i.e., before criminal charges are filed, while the individual is still a suspect, and

b) within 10 days of being summoned to trial.

The new Article 303 CCP also stipulates that a defendant may submit only one request per procedural stage. If unsuccessful, the request can be re-submitted at trial. However, the accompanying explanatory report suggests requests may only be submitted once in total, creating ambiguity. The legal text prevails in case of conflict.

The scope of negotiation remains limited to the sentence, which has been tightened under the new law:

a) 3–5 years imprisonment for felonies punishable by up to 10 years,

b) 3–9 years for felonies punishable by 5–20 years,

c) 3–10 years for felonies punishable by at least 10 years, and

d) 10 days–2 years for misdemeanors.

The reduced sentences under plea bargaining are still lower than those provided by the Penal Code when mitigating circumstances are recognized.

Lastly, a significant addition relates to sentence execution. If the plea bargaining request is filed immediately after criminal charges are brought, conditional release becomes possible after two-fifths of the sentence has been nominally served and one-third in actual detention (excluding certain serious felonies).

If an agreement is reached, the prosecutor drafts a report detailing the agreement, the defendant’s confession, and the terms of sentence execution. Within five days, the case proceeds to trial for final confirmation of the agreement.

The court retains the authority to assess the validity of the charges and can impose a lesser sentence than agreed but not a harsher one. If the agreement fails, the process reverts to the procedural stage before the plea bargaining request, and related materials are destroyed.

3. Conclusion

Plea bargaining is a significant tool for the faster and more efficient administration of justice. It allows defendants to receive reduced sentences in exchange for admitting guilt and showing genuine remorse. While the amendments of Law 5090/2024 aim to expand the use of this mechanism, the increase in proposed sentences risks making the process less appealing, potentially undermining its practical utility.