National proceedings on admission of guilt

Ghana

Ghana - Criminal Procedure Code 1960 (2003) EN

PART III—SUMMARY TRIAL

Section 171 Accused to be called upon to Plead.
(1) If the accused appears personally or, under section 70 (1), by his advocate, the substance of contained in the charge sheet or complaint shall be stated and explained to him, or if he is not person to his advocate (if any), and he or his advocate, as the case may be, shall be asked whether he ple not guilty.
In stating the substance of the charge the Court shall state particulars of the date, time, and commission of the alleged offence, the person against whom or the thing in respect of which it is alle been committed, and the section of the enactment creating the offence.
(2) If the plea is one of guilty the plea shall be recorded as nearly as possible in the words used, or i admission of guilt by letter under section 70 (1), such letter shall be placed on the record and the convict the accused person and pass sentence or make an order against him, unless there shall sufficient cause to the contrary.
(3) If the plea is one of not guilty the Court shall proceed to hear the case as hereinafter provided.
(4) If the accused or his advocate, as the case may be, refuses to plead, or if he does not appear a decides to hear the case in his absence under the provisions of section 170 a plea of not guilty shal and the plea so entered shall have the same force and effect as if the same had been actually pleade

PART IV—COMMITTAL FOR TRIAL FOR INDICTABLE OFFENCE

Section 199 Plea of Guilty.
(1) Where the accused pleads guilty to a charge, the Court before accepting the plea shall, if the ac represented by an advocate, explain to him the nature of the charge and the procedure which acceptance of a plea of guilty.
(2) The accused may then withdraw his plea and plead not guilty,
(3) Any statement made by the accused in answer to the Court shall be recorded by the Court in writi form part of the record of the proceedings.
(4) Where the accused pleads guilty but adds words indicating that he may have a defence or so answer to the Court, the Court shall enter a plea of not guilty and record it as having been entered by Court.
(5) The Court shall not accept a plea of guilty in the case of an offence punishable by death.
(6) If the Court decides not to alter the plea the Supreme Court shall have the right, on appeal agains to order a re-trial if the Supreme Court is of opinion that a plea of not guilty should have been entere Court.

PART V—TRIAL ON INDICTMENT

Section 239 Plea of "guilty".
(1) A plea of guilty, when recorded, shall constitute a conviction.
(2) Where an accused is arraigned on an indictment for any offence and can lawfully be convicted indictment of some other offence not charged in the indictment, he may plead "not guilty" of the offence in the indictment but "guilty" of the other offence, and upon the plea of guilty the Court may, with th the prosecution, acquit the accused of the offence with which he is charged and record the plea of other offence.

Rome Statute

Article 65 Proceedings on an admission of guilt

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.