Analysis of Early Termination in Criminal Proceedings: A Systematic Review

Juan Carlos Castope Buchelli1*, Miguel Alfredo Flores Salazar2, José Carlos Torres Zamora3 & Diana Veronica Blancas Nuñez2

https://doi.org/10.62271/pjc.16.4.463.480

Abstract
Early termination was introduced in criminal procedural reforms in Latin America and other regions to speed up times, decongest courts, and improve efficiency. It emerged from Anglo- Saxon plea bargaining, which had pragmatically proven its usefulness. A systematic review of 20 articles was applied between 2013-2023 on the effectiveness of early termination in improving the efficiency of criminal proceedings in Europe, America, and Australia. It was found that there is no clarity on whether early termination fulfills the purpose of making criminal justice systems more efficient. Some studies see positive aspects such as reduced deadlines in simple cases and more agile processes in specific stages. Others are skeptical about persistent problems in complex cases, negative side effects on rights, and doubts about the quality and fairness of agreements. Controversies were seen between positions for and against regarding this procedural tool’s potential benefits and limitations. Consequently, it is concluded that there is not enough evidence to validate that early termination efficiently meets the expectations that motivated its adoption. It is necessary to rigorously recapitulate its real scope before expanding these procedural modalities whose effectiveness is not empirically proven in most criminal justice systems.

Keywords: Anticipated termination, plea bargaining, criminal procedure efficiency, judicial reforms.