4 ms·

this sounds like how typical plea bargains or out of court settlements work in the usa i'm not too familiar with the details of either laws but maybe someone m

this sounds like how typical plea bargains or out of court settlements work in the usa i'm not too familiar with the details of either laws but maybe someone more knowledgable can chime in here

PeterStuer 10y ago
I'm not too familiar with the US justice system, but I do not think it is like either of these. In the Belgium case, there is no plea as it will be as if the case never happened. Nothing goes on your record afterwards. Unlike a settlement, in the Belgium case this can occur after trial and sentencing. You just buy of your sentence, and everything is erased. There are limitations as to the types of sentences to which this can apply (I think 2 years imprisonment was the max.), but it was a grey area often skirted. The law is now on hold as of this summer after being in operation since 2012, but politicians think it can be 'rescued' with some more clarifications and some more transparency.
- denzil_correa 10y ago
  Plea bargain is one where you accept a lesser criminal sentence if you choose not to go for a trial - it is not a settlement but a deal. In the case of this Belgium law, it seems you can settle a criminal sentence (T^C apply). In US terms, it seems this law allows settling of criminal misdemeanors (roughly). From what I understand, only a part of the law is unconstitutional. This is the part where the public prosecutor has a choice to decide whom he will provide a settlement to. In other words, the option for settlement should exist with everyone equally. This itself seems a quagmire now because it essentially says that only people with enough money can have such a settlement.
denzil_correa 10y ago
No, this is not like a plea bargain. A plea bargain is where you decide on a lesser sentence for pleading guilty, not going to trial. Here, you can trade your sentence for money. This is completely outrageous!

this sounds like how typical plea bargains or out of court settlements work in the usa i'm not too familiar with the details of either laws but maybe someone more knowledgable can chime in here

PeterStuer 10y ago

I'm not too familiar with the US justice system, but I do not think it is like either of these. In the Belgium case, there is no plea as it will be as if the case never happened. Nothing goes on your record afterwards. Unlike a settlement, in the Belgium case this can occur after trial and sentencing. You just buy of your sentence, and everything is erased. There are limitations as to the types of sentences to which this can apply (I think 2 years imprisonment was the max.), but it was a grey area often skirted. The law is now on hold as of this summer after being in operation since 2012, but politicians think it can be 'rescued' with some more clarifications and some more transparency.

denzil_correa 10y ago
Plea bargain is one where you accept a lesser criminal sentence if you choose not to go for a trial - it is not a settlement but a deal. In the case of this Belgium law, it seems you can settle a criminal sentence (T^C apply). In US terms, it seems this law allows settling of criminal misdemeanors (roughly). From what I understand, only a part of the law is unconstitutional. This is the part where the public prosecutor has a choice to decide whom he will provide a settlement to. In other words, the option for settlement should exist with everyone equally. This itself seems a quagmire now because it essentially says that only people with enough money can have such a settlement.

denzil_correa 10y ago

No, this is not like a plea bargain. A plea bargain is where you decide on a lesser sentence for pleading guilty, not going to trial. Here, you can trade your sentence for money. This is completely outrageous!