An Agreement To Plead Guilty To A Less Serious Crime

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 « special way » procedure, contained in a law currently reforming the criminal procedure before the Indonesian parliament, would allow, like the Russian procedure, reduced hearings and sentences if an accused admits guilt and calls for the application of the provisions. The procedure would only apply in cases where they are less serious offences and for which a maximum sentence of seven years` imprisonment is imposed. The judge would determine the application of the provisions instead of an agreement between the Crown and the accused. The court could sentence the accused to a maximum of two-thirds of the maximum sentence for the charge. In cases such as a car accident in which there is civil liability against the defendant, the defendant may agree to « not engage in a challenge » or « guilty with a civil law reserve, » which is essentially a guilty plea without admitting civil liability. In the United States, investigations have shown that defendants who plead guilty are sentenced to lesser sentences than defendants in the same way who exercise their right to a trial. Statistics have shown that after a jury conviction, the average sentence is generally much longer than the accused pleading guilty. It seems that the mere act of charging can reduce the sentence by about two-thirds. 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.

[53] In China, a pilot advocacy project was set up in 2016 by the Standing Committee of the National People`s Congress. [42] For defendants who face three years or less in prison, they agree to plead voluntarily guilty and agree with the criminals of prosecutors, and requests for sentences are punishable by light sentences. [43] The following year, the Supreme Court held that it was acceptable to reward guilty defendants (Brady v. United States) with reduced sentences and that the accused could plead guilty without admitting guilt, meaning that they can enter a plea even if they feel innocent (Carolina v. Alford). In a fourth plea, the Supreme Court ruled in 1971 that defendants are entitled to appeal if prosecutors violate the conditions set out in oral arguments (Santobello v. New York). In 1978, in Bordenkircher v. Hayes, prosecutors have sometimes threatened to charge defendants who refuse to negotiate as long as they are charged. A plea allows both parties to avoid lengthy criminal proceedings and may allow the accused to avoid the risk of a conviction in court for a more serious charge. In the U.S. legal order, for example, an accused who is charged with theft and whose conviction would require a prison sentence in the state prison may have the opportunity to plead guilty to a misdemeanor of theft that cannot be punishable by imprisonment.