General provision
SECTION IV
RELEASE FROM CRIMINAL LIABILITY AND PUNISHMENT
CHAPTER 11
RELEASE FROM CRIMINAL LIABILITY
Article 72. Release form criminal liability in connection with active repentance
72.1. The person who has committed a crime for the first time, not representing big public danger, can be released from the criminal liability if he has voluntary pled guilty, actively promoted disclosing of a crime, has indemnified or has otherwise removed the harm caused as a result of a crime.
72.2. The person, committed other kinds of a crime, at presence of the conditions provided by article 72.1 of the present Code, can be released from the criminal liability only in the cases directly provided by appropriate articles of the Especial part of the present Code.
''Section IV. Release from criminal liability and punishment Chapter 11. Release from criminal liability Article 72. Release form criminal liability in connection with active repentance''
72.1. The person who has committed a crime for the first time, not representing big public danger, can be released from the criminal liability if he has voluntary pled guilty, actively promoted disclosing of a crime, has indemnified or has otherwise removed the harm caused as a result of a crime.
72.2. The person, committed other kinds of a crime, at presence of the conditions provided by article 72.1 of the present Code, can be released from the criminal liability only in the cases directly provided by appropriate articles of the SpecialEspecial part of the present Code.
Note: A person is released from criminal liability in the manner prescribed by Articles 72 - 73-2 and 74-1 of this Code, only once. ()
General Part
FIRST SECTION
Main Provisions
Chapter II
Purposes and basic principles of criminal proceedings
Article 32 Participation of both sides in criminal proceedings
32.2. In order to guarantee participation of both sides in criminal proceedings in accordance with this Code :
32.2.9. The accused shall be free to deny his guilt or to plead guilty ;
General Part
SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS
Chapter IX
THE DEFENCE
Article 91. The accused
91.5. The accused shall exercise the following rights in accordance with this Code :
91.5.17. to plead guilty or not guilty ;
1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether:
(a) The accused understands the nature and consequences of the admission of guilt;
(b) The admission is voluntarily made by the accused after sufficient consultation with defence counsel; and
(c) The admission of guilt is supported by the facts of the case that are contained in:
(i) The charges brought by the Prosecutor and admitted by the accused;
(ii) Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and
(iii) Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.
2. Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.
3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.
4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:
(a) Request the Prosecutor to present additional evidence, including the testimony of witnesses; or
(b) Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber.
5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.