Abril 11th, 2021
Under Italian law, a good deal does not need an admission of guilt (there are no pleas in Italy); for this reason, a negotiating penalty is merely an acceptance of the sentence in exchange for the closing of the investigation and the procedure and has no binding cogenity in other trials, particularly in civil trials where parties of the same facts are dealt with on the effects of civil liability and in other criminal proceedings where the accused`s accomplices who have sought and received a trial sentence are treated.  Some aspects of the U.S. justice system are used to promote oral arguments. For example, the adversarial nature of the U.S. criminal justice system places judges in a passive role in which they do not have independent access to information that allows them to judge the strength of the accused`s trial. The prosecutor and the defence can thus control the outcome of a case through oral arguments. The court must approve a plea as in the interests of justice.  Sometimes the prosecutor agrees to reduce the charge 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. Consent without the Tribunal`s consent has no legal effect.
The Tribunal must ensure that the fundamental agreement is reached on the basis of the defendant`s free will, that the defendant fully recognizes the nature of the fundamental agreement and its consequences. (Article 212 of Georgia`s Code of Criminal Procedure) In civil legal systems, haggling is extremely difficult. Unlike common law systems, civil law systems have no recourse if the defendant confesses; a confession is in evidence, but the prosecutor is not exempt from the requirement to present a full case. A court may decide that an accused is innocent, even if he or she has made a full confession. Unlike common law systems, prosecutors in civil law countries may not have the power to drop or reduce costs after a case has been filed, and in some countries their power to drop or reduce costs before a case is filed is limited, making oral arguments impossible. Since the 1980s, many civil law nations have adapted their systems to allow for oral arguments.  The lack of mandatory prosecutions also gives prosecutors greater latitude, as well as the inability of victims of private prosecutions to initiate private prosecutions and their limited ability to influence oral arguments.  Accused persons in custody – who are not entitled to bail, who cannot afford bail or who are unable to be released on their own – may be released from prison immediately after the judge accepts a plea.  In the Central African Republic, witchcraft is subject to heavy penalties, but defendants generally profess in exchange for a modest sentence.  First, it should be noted that the Supreme Court has repeatedly ruled that a criminal defence lawyer may waive many important constitutional and legal rights during oral argument.