12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(8) The court shall issue a substantiated ruling upholding an agreement on theadmission of guilt and issue a decision corresponding to the contents of the agreement ifit establishes the following:1) that the accused person has knowingly and wilfully confessed to thecommission of the criminal offence or criminal offences with which he wascharged, and that the possibility of a misguided confession by the accusedperson is excluded;2) that then agreement was concluded pursuant to the provisions of Article282b paragraphs 2 and 3 of this Code;3) that the accused person is fully aware of all the consequences of theagreement (Article 282b paragraph 1), in particular that he fully understandsthat he waives the right to be tried and to lodge an appeal against the decisionof the court issued on the basis of the agreement;4) tat there exists other evidence supporting the confession of the accusedperson;5) that the agreement on the admission of guilt does not violate the rights ofthe aggrieved or is contrary to the reasons of fairness.(9) Where one or more of the conditions referred to in paragraph 8 of this Article has notbeen fulfilled, or where the penalty or other criminal sanction determined in theagreement on the admission of guilt obviously does not correspond to the gravity of thecriminal offence whose commission the accused person admitted, the court shall issue asubstantiated ruling rejecting the agreement on the admission of guilt, while theconfession of the accused person given in the agreement may not serve as evidence incriminal proceedings.(10) When the ruling referred to in paragraph 9 of this Article becomes effective, theagreement and all documents connected to it shall be destroyed before the court, ofwhich an official note shall be made, and the judge who issued the ruling referred to inparagraph 9 of this Article may not participate in the rest of the proceedings.(11) Te court’s ruling on the agreement on the admission of guilt shall be served to thepublic prosecutor, the accused, defence counsel, the aggrieved and his proxy.Article 282g(1) The public prosecutor, the accused person and his defence counsel may appealagainst the ruling of the court rejecting the agreement on the admission of guilt withineight days of the delivery of the ruling to them.(2) The aggrieved and his proxy may appeal against the ruling of the court upholding theagreement on the admission of guilt within the time limit referred to in paragraph 1 of thisArticle.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!