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Types Of Plea Agreement

Even if the charges are more serious, prosecutors can still often bluff defence lawyers and their clients for a lesser offence. As a result, people who could have been acquitted for lack of evidence, but also who are in fact truly innocent, will often plead guilty. What for? In a word, fear. And the more accusations, the more studies, the greater the fear. This explains why prosecutors sometimes appear to charge the accused. [9] Plea negotiations were introduced in India by the Criminal Law (Amendment) Act of 2005, which amended the Code of Criminal Procedure and introduced a new chapter, XXI (A), into the code that will apply from 5 July 2006. [34] [35] It authorizes oral arguments in cases where the maximum sentence is seven years` imprisonment; However, offences affecting the socio-economic situation of the country as well as offences against a woman or child under the age of 14 are excluded. [34] There are three basic types of pleas in the criminal court: guilty, not guilty or no competition. The prosecutor`s superior duty is…

to see that justice is done. Procedures must dominate public and judicial confidence. Many defendants in serious and complex fraud cases are represented by lawyers involved in commercial disputes, including negotiations. This means that the defendant is generally protected from undue pressure to argue. The greatest danger to be protected in these cases is to persuade the prosecutor to accept a plea or a basis that is not in the public interest and in the interest of justice, because it does not adequately reflect the seriousness of the insult… Any appeal agreement must reflect the seriousness and extent of the offence and give the Tribunal appropriate powers of conviction. It must take into account the impact of an agreement on victims, as well as on the general public, while respecting the rights of the accused. [11] If the court finds that the evidence presented is not sufficient to support the indictment or that a request for a decision is made without substantial consideration of a case in violation of the requirements of Georgia`s Code of Criminal Procedure, it refers the matter to the Crown.

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