Part 4. Prosecution and procedure in cases before a district court.
Section XXV. Ordinary procedure in cases before a court.
Article 163
At the registration of the case, the defendant shall be asked whether he or she admits that the substance of the indictment is correct and the contents of the documents submitted shall be made known to him or her if he or she is present. Alternatively, this shall be done in the court session when the defendant appears in court for the first time after registration.
If the defendant attends court and confesses to the conduct with which he or she has been charged, the prosecutor may then give him or her the option of concluding the case by submitting to a fine which is to be paid within a certain time, failing which the appropriate reserve punishment will be imposed, together with legal costs. If the defendant agrees to this conclusion of the case and the judge considers the sanctions appropriate, the judge may conclude the case by making a decision on these sanctions. In the same way, the claims against the defendant may be satisfied by the suspension of his or her driving licence and confiscation of property.
If the [Director of Public Prosecutions] 1) considers that an innocent person has assented to the imposition of sanctions under the second paragraph or that the defendant has been made to submit to a conclusion of the matter that is not in accordance with reason in some other respect, he or she may lodge an appeal in the case with the [Court of Appeals] 2) to have the decision annulled..
1)Act 47/2015, Art. 20. 2)Act 49/2016, Art. 44.
Article 164
If the case is not concluded in accordance with the second paragraph of Article 163, the defendant confesses without reservation to all the conduct with which he or she is charged and the judge considers that there is no reason to doubt that the confession accords with the truth, the judge shall then accept the case for judgment immediately unless either party demands that a hearing be held on the case in accordance with Article 166.
If the case is concluded according to the first paragraph, it shall not be necessary to submit evidence other than that which has already been submitted. A party may nevertheless request to submit visible items of evidence. The parties shall be given an opportunity to express themselves on the legal aspects of the case and the determination of sanctions.
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.