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14. General
principles of a criminal plea
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Article
79-Presentation of plea
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| 79.1 |
Prior to a plea being called |
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Prior to a plea being called for by the magistrate or judge, the defendant shall be explained the precise impact of their plea on both the further process and the likely sentence conditions. |
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The defendant shall be explained that if they plead guilty then they shall be eligible for significantly reduced sentence conditions and reform under the penalty system of absolution. |
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The defendant shall also be explained that if they plead not-guilty, then they shall not be eligible for absolution sentence conditions and if found guilty at trial or hearing may be liable to the maximum sentences allowable under the penitence sentence regime. |
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| 79.2 |
Plea of not guilty entered |
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If the defendant answers that he is not guilty, such plea shall be entered upon the minutes of the court; if he refuses to answer, the plea of not guilty shall in like manner be entered. |
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| 79.3 |
Plea of guilty |
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If the defendant answers that they are guilty, the magistrate shall be further required to remind the defendant that even thought the sentence regime for a guilty plea is absolution, the sentence may carry a term of imprisonment. |
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| 79.4 |
Plea of guilty to a maximum level 6 charge |
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A level 6 criminal offence is an especially severe offence, carry the greatest penalty and conditions. If a person wishes to plead guilty to a level 6 offence, the court is obliged to ensure that a statement has been prepared for and on behalf of the defendant stating they fully acknowledge the impact of pleading guilty to such a crime.
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In the case of a maximum level 6 charge which carries the penalty of state assisted suicide and posthumous pardon, the defendant must further undertake at least two separate interviews to determine they are clearly aware that the result of executing the sentence of absolution shall result in their choice of death. |
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