b) If a defendant pleads in favour of a Nolo candidate or pleads guilty, while challenging the guilt, the court should take particular care to ensure that there is a factual basis for the claim. An accused`s offer to plead guilty should not be rejected solely because the accused refuses to admit guilt. Such a plea may be rejected if the Tribunal has concrete reasons for doing so and which are recorded in the minutes. (h) In pleas, the prosecutor should not charge or threaten the defendant or any other person to charge or refuse to dismiss these charges in the absence of valid evidence to support the charge or if the prosecutor does not intend, in good faith, to pursue those charges. (d) Where the defendant is represented by counsel, the court should not accept the plea drawn if it appears that the defendant did not have the effective assistance of counsel. Malaysia has resolved its judicial backlog in the last ten years after the adoption of the reforms of the criminal procedure, but it is not known to what extent this is due to the application of the provisions relating to negotiations with oral arguments. Commentators expressed concern about the interpretation and application of the provisions by judges, the removal of judicial discretion in sentencing, the risk of corruption and abuse, and the protection of victims in the process. Russia`s provisions for a “special trial” in 2001 do not include a trial of charges or punishment between the prosecution and the accused. Instead, an accused can accept the charges and seek a conviction without trial.
The procedure is only possible for offences of up to 10 years in prison. Judgments in such cases cannot be appealed because they do not involve the Tribunal`s findings and the merits of the case. In addition to this procedure, 2009 “preliminary procedural agreements” can be used in cases of organised crime. Such agreements are submitted to the court as part of the trial and the court may accept the agreement as evidence. If the court has found the accused guilty, it can impose a sentence of no more than half of the maximum possible sentence for the crime. A “special cooperation agreement” is a specific type of procedural agreement in Georgia. These can be concluded before or after a conviction and include situations in which the resolution of another crime depends on the cooperation of the accused/convicted person. Singapore`s criminal case resolution programme, initiated by junior courts, provides parties with a neutral, judge-backed forum to explore alternatives to criminal trials. The accused can decide whether to plead guilty or want a trial. The program is designed to encourage non-guilty arguments. The judge may consider sentencing Alssiebe if the accused requests it. If the accused decides to plead guilty, the judge, with the agreement of both parties, can accept the plea and deliver the verdict.
If the case is tried, another judge hears the case and the preliminary discussions remain confidential. (e) The prosecutor should do everything in his power to keep adhesed about the attitudes and feelings of victims and law enforcement officers before entering into a plea agreement. In Malaysia, where informal collective bargaining took place before amending the Code of Criminal Procedure in 2010, the accused can apply to the court for oral argument. Once the prosecutor and the accused have reached an agreement on the charges and/or sentence, the court can decide the case, provided that the agreement has been reached voluntarily, that the sentence falls within the acceptable scope of the code and that it is accepted by the court, and that the offence in question cannot be agreed upon.