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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 ст. 453ASentence at the request of the parties.

Title V of Part I of Book Second of this Code shall

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(1) Before the accused pleads to the general issue as provided in article 453, the accused and the Attorney General may request the court, in the eventuality of a plea of guilty, to apply a sanction or measure or, where provided for by law, a combination of sanctions or measures, of the kind and quantity agreed between them and to which the accused can be sentenced upon conviction for the offence or offences with which he is accused.

(2) If the court is satisfied that the sanction or measure, or combination of sanctions and measures, requested as provided in sub-article (1) is one which it would have been lawful for it to impose upon conviction for the offence to which the accused has pleaded guilty and does not have cause to order the trial of the cause to be proceeded with for a reason referred to in article 453(2) or for any other reason to reject the request, and after explaining to the accused in clear terms the consequences of his request, the court shall, upon a plea of guilty by the accused, proceed to pass the sentence indicated to it by the parties declaring in its judgement that the sentence being awarded is being so awarded at the request of the parties.

(3) Where the Attorney General and the accused agree that the sentence to be imposed shall consist of a period of imprisonment which is to be suspended in accordance with the provisions of article 28A and the agreement is not rejected by the court as provided in sub-article (2) such agreement shall not in any way affect the court’s power to make an order under article 28G or 28H or both.

(4) Where the Attorney General and the accused agree that a measure provided for under the Probation Act is to be applied and the agreement is not rejected by the court as provided in sub-article

(2) such agreement shall not in any way affect the court’s power to make an order under article 11 of the said Act.

(5) A sentence imposed at the request of the parties as provided in this article shall not affect any matter referred to in article 25(3)(a) to (h) of the Probation Act.

История изменений
  • Amended by XIII.2002.9