For the First Time: the AmountsTransferred to the State Budget through the Use of Plea Bargaining Agreements

News | Economics and Social Policy | Good Governance | Publications | Analysis 18 March 2013

Despite high public interest, the amounts transferred each year to the state budget through the use of plea bargaining agreements were unknown until now. IDFI publishes the information about the amounts transferred to the state budget for the first time.  

 
IDFI became interested in the amounts transferred to the state budget through the use of plea bargaining agreements. In particular, with the following information:
 
1. Information about the amount transferred to the state budget through the use of plea bargaining agreements in 2009, 2010, 2011 and 2012; 
2. To what sum were made the plea bargaining agreements in 2009, 2010, 2011 and 2012.
3. Information about the individuals, whose property has been expropriated and given to the state in 2009, 2010, 2011 and 2012 (each year separately), and also, the total value of the property for each year.
 
On February 6, 2013 IDFI addressed the Prosecutor’s Office of Georgia with the above-mentioned requests. With the letter received from the Prosecutor’s Office on February 27, 2013 reply was provided for the first two requests. According to the letter, the analytical department of the Prosecutor’s Office of Georgia does not keep record of the amounts transferred to the state budget as a result of plea bargaining agreements. With the letter received on March 1, 2013 the same reply was given to the third request about the expropriated property. As noted in the letter received on March 1, 2013, the analytical department of the Prosecutor’s Office of Georgia does not keep record of this kind of information, and hence, the Prosecutor’s Office is unable to provide the information. 
 
Upon receiving these replies, on March 5, 2013 IDFI addressed the LEPL of the Ministry of Justice, National Bureau Enforcement with the same requests. With the letter received from the National Bureau Enforcement on March 12, 2013 IDFI was informed, that LEPL National Bureau Enforcement does not possess information about the sum to which the plea bargaining agreements were made in 2009, 2010, 2011 and 2012 as well as about the individuals, whose property has been expropriated and given to the state in 2009, 2010, 2011 and 2012 (each year separately), and also, the total value of the property for each year.
 
Meanwhile the letter clarifies, that the total sum transferred to the budget through the use of plea bargaining agreements amounted to 140 039 162.76 GEL in 2009-2012. The distribution of this sum by years is as follows:
 
2009: 8 040 392.81 GEL
2010: 42 361 459.28 GEL
2011: 51 009 723.78 GEL
2012: 38 627 586.89 GEL
 
 
 
We would also like to remind you, that the module of court statistics prepared by IDFI (Institute for Development of Freedom Information) presents the number of the judgments made on the ground of procedural agreement in 2007-2012, according to which it becomes clear that 52 402 persons were judged on the ground of procedural agreement in 2009-2012. 
 
 
As for the amounts transferred to the budget as a result of plea bargaining, despite the high public interest, it was not publicly available until now. Even though the amounts imposed to be transferred to the state budget as a result of the procedural agreements were known (e.g. according to the research by Transparency International Georgia this amount equaled to 61 100 000 GEL in 2009), the exact amount transferred to the budget as a result of plea bargaining remained unclear until now. 
 
Thus, IDFI spreads the information about the exact amounts transferred to the state budget as a result of plea bargaining for the first time. 
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