What was dissent? Caguioa stated that ”plea trials are a rule of procedure that falls within the exclusive jurisdiction of the Court of Justice.” At the closing of the oral argument, the prosecutor is required to consider the public interest, the seriousness of the sentence and the personal characteristics of the accused. (Article 210 of Georgia`s Code of Criminal Procedure) In order to avoid misuse of powers, the legislation provides for the written agreement of the monitoring procedure as a necessary condition for the conclusion of an appeal contract and the modification of its provisions. (Article 210 of Georgia`s Code of Criminal Procedure) The main argument is that it must be based on the defendant`s free will, on equality between the parties and on the extension of the protection of the defendant`s rights: in China, a pilot advocacy program 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] Arguments can pose a dilemma for advocates, as they must choose between vigorously seeking a good deal for their current client or maintaining a good relationship with the prosecutor to assist future clients. [2] In the case of the United States, for example, defence counsel are required by the ethics of the bar to defend the interests of the current client over the interests of others. A violation of this rule may lead to disciplinary action imposed on the defence counsel by the competent state bar. [3] What did the Supreme Court say? The Supreme Court ruled that, although the Supreme Court does have rule power, ”Plea`s good business still requires the mutual agreement of the parties.” 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. ”In reality, it is the way the court says that the trial will only accept a plea if it is consistent with the specific arguments provided for,” Caguioa said. Plea`s negotiations were launched in Japan in June 2018.
The first plea case under the scheme, in July 2018, involved charges of bribery of Mitsubishi Hitachi Power Systems in Thailand. [58] The second case was an agreement reached in November 2018 to obtain evidence of violations of accounting law and securities against Nissan executives Carlos Ghosn and Greg Kelly. [59] Arguments in favour of collective bargaining could also be relied upon by an accused who pleads guilty to possession of equipment, instruments, devices and other utensils for dangerous drugs at parties, social gatherings or assemblies or at least two persons in the nearby society. Assuming that it is possible to prove that this possession is intended for personal use, which is in reasonable quantities, as defined by the court, the bill continues. According to Mr. Sotto, SB would authorize 492 pleas in violation of the Dangerous Drugs Act 2002, particularly for users of small or poor quality drugs and for personal possession of illicit drugs.
