Sppedy trial procedures and plea bargain: the possible violation of the fundamental rights

Abstract

The paper deals with the problems of the practical application of the plea bargain convictions in the speedy trial procedures in Spain from the standpoint of the fundamental rights in criminal proceedings. The point of departure for that purpose is a recent German constitutional Court decision regarding the claim to cancellation of the registration in the Federal Central Criminal Register of a Spanish criminal conviction pronounced by a Court of Instruction following the urgent procedure of the speedy trial. The decision holds that the trust among Member States of the European Union regarding compliance with legality and respect of human rights is weakened when there are enough support points for a possible violation of the minimum standard of fundamental rights in the (Spanish) criminal procedure which gave rise to the conviction.