On Practice of Applying Plea Agreement Procedure in Domestic Violence Cases in Light of Analysis of Decisions of Estonian Courts of First Instance

Domestic violence is a serious crime, and a person which repeatedly resorts to violence does not do so accidentally, but with the specific aim of achieving their goal – total control and power over their partner. Combating and prevention of domestic violence is a labour-intensive and rather complex area, also for the judicial authorities: victims, in an attempt to cover up what has happened to them, often withdraw their accusations or do not dare to involve the judicial authorities and seek their help. There can be a number of reasons why victims of domestic violence may decide to do this, and studies have shown that this is the case: from fear of the perpetrator to the perception that their complaint will not be taken seriously by the judicial authorities, because it is very difficult to gather any credible evidence of what happened (and is happening) within the walls of the home. At the same time, however, the number of complaints of domestic violence has increased compared to a few years ago, and victims have a legitimate hope of escaping from a prolonged and torturous cycle of violence. However, even in domestic violence cases, the courts of first instance mostly apply an agreement that releases the perpetrator from the real prison sentence and he or she usually returns home, where he or she is fearfully awaited by close relatives who have suffered violence. In addition, the judicial function is moving from the courts to the prosecution. The study of the diffe