PART I
Introductory
Chapter 2. RIGHTS OF DEFENDANT
§2.4. Presence of the defendant.
1. Presence of defendant generally.
Except as otherwise provided by this section, a defendant shall be present at his arraignment, when a plea of guilty is made, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. The defendant shall have the right to be present at the taking of any depositions taken at the instance of the prosecution.
PART II
Procedure in Criminal Actions
Chapter 16. ARRAIGNMENT, PLEAS, AND PRETRIAL MOTIONS
§16.4. Pleas.
A defendant may plead guilty or not guilty, except that in a capital case only a plea of not guilty may be accepted. The court may refuse to accept a plea of guilty in any other case and shall not accept such plea without first (a) making such inquiry as may satisfy it that the defendant in fact committed the crime charged and (b) addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
PART II
Procedure in Criminal Actions
Chapter 16. ARRAIGNMENT, PLEAS, AND PRETRIAL MOTIONS
§16.5. Arraignment, judgment, and sentence after plea of guilty.
If a defendant after indictment desires to enter a plea of guilty, he shall be arraigned immediately in open court even though the court is not then in session. If this plea is accepted, sentence shall be imposed without delay, or immediately on the receipt of a presentence report if such a report is required by law or requested by the judge. No trial is necessary following a plea of guilty. A sentence imposed in chambers after a plea of guilty shall have the same force and effect as though in open court. The clerk shall record the judgment and enter sentence in the manner provided for judgments and sentences pronounced in open court.
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.