Base de données sur la législation

Article 246

Plea Bargaining

(1) The suspect or the accused and the defense attorney, may negotiate with the Prosecutor about the conditions of admitting guilt for the criminal offence with which the suspect or accused is charged until the completion of the main trial proceedings or the appellate hearing proceedings.

(2) The plea agreement shall not be entered into if the accused pleaded guilty at the plea hearing.

(3) In plea bargaining with the suspect or the accused and his defence attorney on the admission of guilt pursuant to Paragraph 1 of this Article, the Prosecutor may propose an imprisonment sentence bellow legally prescribed minimum or more lenient criminal sanction for the suspect or accused in accordance with the provisions of the Criminal Code.

(4) An agreement on the admission of guilt shall be made in writing and shall be delivered along with the indictment to the preliminary hearing judge, judge or the Panel. After the confirmation of the indictment, the preliminary hearing judge shall deliberate on the agreement and pronounce the criminal sanction until the case is submitted to the judge or the Panel for the purpose of scheduling the main trial. After the case is submitted for the purpose of scheduling the main trial, judge or the Panel shall decide on the agreement.

(5) The preliminary hearing judge, judge or the Panel may accept or reject the agreement.

(6) In the course of deliberation of the agreement on the admission of guilt, the Court must ensure the following:
d) that the agreement of guilt was entered voluntarily, consciously and with understanding, and that the accused is informed of the possible consequences, including the satisfaction of the claims under property law, forfeiture of property gain obtained by commission of criminal offense and reimbursement of the expenses of the criminal proceedings;
e) that there is enough evidence proving the guilt of the accused;
c) that the accused understands that by agreement on the admission of guilt he waives his right to trial and that he may not file an appeal against the pronounced criminal sanction,
d) that the agreed sanction is in accordance with Paragraph 3 of this Article,
e) that the injured party was given an opportunity before the Prosecutor to give statement regarding the claim under property law.

(7) If the Court accepts the agreement on the admission of guilt, the statement of the accused shall be entered in the record and the Court shall continue with the hearing for the pronouncement of the sentence foreseen by the agreement.

(8) If the Court rejects the agreement on the admission of guilt, the Court shall inform the parties to the proceeding and the defense attorney about the rejection and say so in the record. At the same time, the date of the main trial proceedings shall be determined. The main trial shall be scheduled within 30 days. Admission of guilt from this agreement is inadmissible as evidence in the criminal proceedings.

(9) The Court shall inform the injured party about the results of the plea bargaining.