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Criminal Bargaining Agreement

Some commentators in Russia have argued that the «special procedure» violates several principles of criminal procedure and hinders the search for the truth. However, it is now widespread and is used in more than half of criminal proceedings. The accused claim a less serious crime than the original charge against them. In the charges, they plead guilty to a set of several initial charges. In criminal negotiations, they plead guilty to agreeing in advance what sentence is imposed; However, this sentence may still be denied by the judge. In fact, at trial, the accused pleads guilty, but the prosecutor agrees to confirm or admit certain facts that influence the way the accused is punished under the criminal guidelines. The Courts of Singapore have pointed out that the procedure for settling proceedings has led to increasingly short procedures. One criminal raised concerns about the possibility of overcharging. The Attorney General challenged the fact that the Crown seeks excessive or insufficient sentences in the course of the trial.

Accused defendants who had accepted oral arguments were asked not to recognize court hearings, as this might cast doubt on whether their arguments were voluntary. In 1967, however, an influential report by the President`s Prosecutions and Administration of Justice documented the widespread use of oral arguments and recommended recognition of the practice. Plea`s negotiations were considered a predominantly American phenomenon in the 1970s, but have since spread around the world. [4] In trials, lighter or alternative sentences are required in exchange for an accused`s admission of guilt. One of the most visible forms of criminal hearings is when defendants plead guilty to murder to avoid the death penalty. Good prison deals also occur in less serious cases, such as guilty pleas. B in exchange for a «collection time» sentence, which usually means that the accused is immediately released. Sometimes the prosecutor agrees to reduce the charges or drop some of the multiple charges in exchange for the accused`s acceptance of the sentence. The accused, in the application, could argue with the penalty and aggravating and mitigating Circumstancing with the prosecutor who can accept or refuse. The request could also be made by the prosecutor. Arguments could be granted if the sentence, which could be applied in practice, is less than a five-year prison sentence after the reduction of one-third (so-called patteggiamento allargato, extensive negotiation); If the sentence imposed, after the reduction of one third, is less than two years` imprisonment or only a fine (so-called «patteggiamento ristretto» limited negotiation), the accused may have other benefits, such as the suspended sentence and the erasure of the crime, if within five years of sentence the accused does not commit a similar crime.

Lucio • 6 diciembre, 2020


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