PART IV
EVIDENCE, ACTIONS TO PROVE
CHAPTER ELEVEN
EVIDENCE
Article 82. Testimony of Accused
82.2. Confession of guilt by the accused may become the basis for an accusation only if the
confession is confirmed by other evidences in the case.
PART VII
PRE-COURT ACTIONS
CHAPTER TWENTY ONE
GROUNDS FOR INITIATION OF CRIMINAL CASE
Article 166. Grounds for Initiation of a Criminal Case
166.1.3. appearing to confess in committing a crime;
PART VII
PRE-COURT ACTIONS
CHAPTER TWENTY ONE
GROUNDS FOR INITIATION OF CRIMINAL CASE
Article 169. Appearing to Confess in Committing a Crime
169.1. A person who has committed a crime may voluntarily submit an information on a crime
committed by him/her orally or in writing.
Article 170. Obligatory Accept of Complaint and Report Concerning a Crime
170.1. A head of an agency of inquiry or investigation, or an inquiry officer, investigator or a procurator shall be obliged to accept complaints and reports concerning any crime that has been committed or its preparation.
170.2. Upon receipt of the report the person who files the complaint shall be warned about responsibility provided in legislation for making a report known to be false.
170.3. In case of unlawful refusal to accept complaint or report concerning a crime, a complaint may be filed to a procurator in conformity with procedures set forth in Article 107 of this Law.
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.