THE INSTITUTE OF PLEA BARGAIN IN THE LEGISLATION OF MONTENEGRO AND CHALLENGES IN ITS IMPLEMENTATION

The subject of research in this paper is the institute of Plea bargaining. The starting point of the research is the positive-legal method, having in mind that only by a detailed analysis of solutions accepted in the domestic legal system can we assess the scope, practical implications, as well as inadequacies and imperfections in the way of regulating the institute or practice, which are the subject of this research. The author points out the numerous shortcomings in the legal regulation of the institute. In order to determine the effectiveness of the plea bargain, and to identify practical repercussions, we conducted empirical research in the form of a survey i.e. a questionnaire. The questionnaire was designed as a means of surveying 189 judiciary civil servants - judges, prosecutors and lawyers, in order to find out how people who do not create, but only implement legal norms, feel about this institute, to what extent they use its solutions, whether they find it justified, if they consider it necessary and appropriate, what their impressions regarding the first few years of implementation of this institute are; what the directions of its further upgrading are, and whether the practical application of this institute attains the appropriate results. Finally, by using a critical method the author gave an overview of the issues related to the plea bargain.