Section 433. Grounds for the Application of an Agreement
(1) A prosecutor may enter into an agreement, on the basis of his or her own initiative or the initiative of an accused or his or her defence counsel, regarding an admission of guilt and a punishment, if circumstances have been ascertained that apply to an object of evidence, and the accused agrees to the amount and qualification of his or her incriminating offence, an assessment of the harm caused by such offence, and the application of agreement proceedings.
Section 499. Non-Conducting of a Verification of Evidence
(1) A court may take a decision on non-conducting of a verification of evidence in relation to an entire prosecution or the independent part thereof only provided that:
1) the accused admits his or her guilt in the entire prosecution directed against him or her or in the relevant part thereof;
2) the court does not have any doubts regarding the guilt of the accused after an examination of case materials;
3) the accused, or, in cases of mandatory defence, also his or her defence counsel and representative, agrees to the non-conducting of such examination.
(2) Before deciding a matter regarding the non-conducting of a verification of evidence, a court shall ascertain the views of the prosecutor, the person who conducts defence, a victim and his or her representative, and an owner of property infringed during criminal proceedings whose property has been seized regarding such non-conducting of the verification, and shall explain to such persons the procedural essence and consequences of the non-conducting of the verification of evidence. If an accused does not agree only with the amount of compensation for harm and if such amount does not affect the legal classification of the criminal offence, a court may perform verification of evidence only in the matter regarding the amount of compensation.
(2^1) If an owner of property infringed during criminal proceedings whose property has been seized does not agree with the assumption regarding the criminal origin of property and it does not affect the legal classification of a criminal offence, a court may perform verification of evidence only in the matter regarding the action with the property.
(3) After a decision has been taken on non-conducting of a verification of evidence, a court shall examine the personal characterising data of the accused and take up court debates.
(4) After court debates, a court shall hear the last word of the accused, and render and announce a judgment. Such judgment may be appealed in accordance with appellate procedures only in the part regarding the sentence, compensation imposed by the court, action with the property, or in connection with the allowed violations of the proceedings.
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.