SCHEDULE 1 – THE CRIMINAL CODE.
PART VIII. – PROCEDURE.
Division 4. – Trial: Adjournment: Pleas: Practice.
560. PLEAS.
(2) If the accused person pleads, he may plead–
(a) that he is guilty of the offence charged in the indictment, or, with the consent of a State Prosecutor, of any other offence of which he might be convicted on the indictment ;
SCHEDULE 1 – THE CRIMINAL CODE.
PART VIII. – PROCEDURE.
Division 4. – Trial: Adjournment: Pleas: Practice.
561. PERSONS COMMITTED FOR SENTENCE.
(1) When a person has been committed for sentence for an offence, he shall be called on to plead to the indictment in the same manner as other persons, and may plead that he is guilty–
(a) of the offence charged in the indictment ; or
(b) with the consent of a State Prosecutor, of any other offence of which he might be convicted on the indictment.
(2) If, notwithstanding that the accused person pleads that he is guilty, it appears to the court on examination of the depositions of the witnesses that he has not in fact committed–
(a) the offence charged in the indictment ; or
(b) any other offence of which he might be convicted on the indictment,
the plea of not guilty shall be entered, and the trial shall proceed as in other cases when that plea is pleaded.
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.