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Selected issues of the institution of declaration of guilt in the trial hearing

Publication at Faculty of Law |
2022

Abstract

This article looks at selected problematic issues involved in a declaration of guilt made by a defendant during the trial hearing pursuant to Section 206c of the Code of Criminal Procedure. The author considers the interrelationship between a declaration of guilt, a plea bargain agreement and uncontested facts.

The article also includes an analysis of the court's duty to instruct, and situations in which a court will disregard a declaration of guilt. The author additio nally analyses the scope of a declaration of guilt and the limits as to when a declaration of guilt may be made in criminal proceedings.

The consequences of a declaration of guilt are also considered, with an emphasis on its impacts on sentencing. Finally, the author then addresses specific issues arising from a declaration of guilt in proceedings against juveniles and juristic persons.