CHAPTER IV THE DEFENDANT
Article 37/a Cooperation with justice
1. The defendant accused of a crime punishable not less than 7 years’ imprisonment, in the maximum term, committed in collaboration, or of any of the criminal offences referred to in letter “a” of paragraph 1, of article 75/a, of this Code, may acquire the status of collaborator of justice, by signing the collaboration agreement with the prosecutor. The agreement, which contains the terms of collaboration may be stipulated at any stage or phase of the proceedings, even after the criminal decision has become final and is put into execution.
2. The agreement is stipulated if the defendant testifies, with no reserves or conditions, on all facts and circumstances that he is aware of, due to his participation in the criminal activity. Histestimony must constitute a fundamental evidence of guilt as to the prove of the facts and of their authorship, as well as for the prevention of serious crimes and for repairing the damages caused by them. The defendant, in his testimony, shall identify all assets having a criminal origin, which are in his possession and of his collaborators. The above information shall be provided within 30 days from the date of signing the agreement.
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.