GENERAL PART
Chapter VIII
SPECIFYING PUNISHMENTS
Article 80. Application of Punishment in Cases of Plea Bargaining
When an accused person enters a plea-bargaining agreement and the court accepts this agreement, the punishment for the imputed crime shall be reduced by one third of the maximum punishment set for this crime.
Article 64. Rights and Obligation of a Suspect
(2) In line with the provisions of this Code, the suspect shall have the right:
8) to confess to the commission of the crime he/she is suspected of and to sign a plea bargaining agreement;
9) to agree to a special procedure for a criminal investigation and case hearing in line with this Code if pleading guilty;
Article 66. Rights and Obligations of the Accused or the Defendant
(2) The accused or the defendant, in line with the provisions of this Code, shall have the right:
10) to admit the charges brought and to sign a plea bargaining agreement;
11) to agree to a special procedure in the criminal investigation and case hearing in line with this Code if pleading guilty;
Article 103. Statements of the Suspect/Accused/Defendant
(1) The statements of the suspect/accused/defendant are oral or written information provided by them during an interrogation in line with the provisions hereunder about the circumstances that served as a basis to acknowledge them in this capacity and about other case circumstances they are aware of.
(2) An admission of guilt by a person suspected or accused of the commission of a crime may substantiate a charge only to the extent it is confirmed by facts and circumstances resulting from the body of evidence available in the case.
(3) The suspect/accused/defendant may not be forced to testify against himself/herself or his/her close relatives or to admit his/her guilt and may not be made liable for his/her refusal to make such statements.
(4) Data conveyed by the suspect/accused/defendant may not be used as evidence if they are based on information from an unknown source. If the statements of the suspect/accused/defendant are based on hearsay, the persons who made the assertions shall also be heard.
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.