Americanization of criminal justice

BENELHOUCINE, ABDELFETTAH

doi:10.21608/ijdjl.2023.141249.1163

Americanization of criminal justice "plea bargaining model"

Document Type : Original Article

Author

ABDELFETTAH BENELHOUCINE

University Mohamed V - Rabat

10.21608/ijdjl.2023.141249.1163

Abstract

The confession of the accused to the accused is historically the master of evidence, so it is always considered a search for him, which prompted the comparative legislation to adopt a system that encourages it, after its effectiveness has been proven in the American model. , based on the accused’s confession of the accusation in return for a lenient punitive treatment, in contrast to the traditional image in which the confession does not change the accused except with certainty in his conviction without any privilege. The second is to treat its works, based on the deductive and comparative approaches, and the study concluded with a set of results, the most important of which is that the system enshrines the values of peace, and humanizes the penalty, which is sometimes limited to restricting freedom instead of depriving it, as in the ruling to work for the public benefit, or the prohibition of practicing a profession. Especially in the face of simple or medium-risk crime, so that it achieved a distinct efficiency in the comparative system based on the available statistics, which requires the intervention of Arab legislation to adopt it with its suitability to national peculiarities, and within it In this context, it is proposed to grant the Public Prosecution and the accused the right to initiate recourse to it, while expanding its scope to include all misdemeanour crimes, regardless of the punishment prescribed for them.

Key words: criminal policy, injunctive litigation, public action, judicial judgment, fair trial, criminal settlement

Keywords