Plea bargaining
From United States and other common law
Procedure and evidenceCriminal law
What it means
An agreement in which a defendant pleads guilty, usually in return for a lighter charge or sentence, and so avoids a trial.
Why it travels badly
Many civil-law systems were built on the idea that prosecutors must prosecute, and that the court must find the truth for itself. A bargain between prosecutor and defendant seemed foreign to that idea. Several systems have now introduced something similar, but with different safeguards and different names.
How other systems say it
plea bargaining
Governed in the federal courts by Rule 11, with the Supreme Court accepting the practice in Brady v United States (1970) and Santobello v New York (1971).
Verständigung (§ 257c StPO)
A court may agree, in open court, what sentence range it will impose in return for a confession. The court must still be convinced of the facts.
patteggiamento (art 444 c.p.p.)
Parties request a reduced sentence, and the judge checks and approves it.
comparution sur reconnaissance préalable de culpabilité
A procedure in which the accused admits the offence and accepts a sentence proposed by the prosecutor, which a judge must approve.
Tip for translators and students
Do not translate 'plea bargain' as 'agreement with the prosecutor' alone: in the civil-law versions a judge approves the outcome and the facts must still be checked.
See the Legal Dictionary entry →
Related: Prosecutor, Jury and lay judges, Mens rea and Vorsatz
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
