scholarly journals A Change of Heart or a Change of Law? Withdrawing a Guilty Plea under Federal Rule of Criminal Procedure 32(e)

2001 ◽  
Vol 92 (1/2) ◽  
pp. 273 ◽  
Author(s):  
Kirke D. Weaver
Keyword(s):  
Criminal Procedure ◽  
Guilty Plea ◽  
Federal Rule

scholarly journals Delayed Justice - Macedonian Experience With Guilty Plea And Sentence Bargaining

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 99-110
Author(s):  
Boban Misoski
Keyword(s):  
Burden Of Proof ◽  
Criminal Procedure ◽  
The Other ◽  
Practical Implementation ◽  
Bargaining Process ◽  
Guilty Plea ◽  
The Public ◽  
Legal Provisions ◽  
Weak Points ◽  
The Impact

Abstract Bearing on mind the idea of the proverb “Justice Delayed is Justice Denied” Macedonian Legislator within the new Code of Criminal Procedure (CPC) has introduced several legal mechanisms for accelerating the criminal procedure. The most important instruments among them, by all means, are the Guilty Plea and Sentence Bargaining. In this article, the author elaborates the practical implementation of these CPC’s provisions and performs analysis of its implementation by the Basic Court Skopje 1 in Skopje, as the biggest and most caseload-burdened court in Macedonia, and by the Public Prosecution Office in Skopje. The analysis discovered several weak points, which should be properly addressed, both through theoretical scrutiny and through introduction of amendments to the CPC or through production of a general opinion by the Supreme Court. Only through these amendments to the legal provisions of the CPC can be expected to have improved court practice in a manner which would accentuate the real/just benefits of these instruments for accelerating of the criminal procedure. Several conclusions and suggestions for improvement or specific issues, which were determined as problematic were developed, such as: tackling the impact of a guilty plea by one of the codefendants to the other codefendants who did not plead guilty; treatment of the altered statement by one of the codefendants during the plea agreement and its use against the other codefendant; and the burden of proof and amount of evidence which is necessary to support the sentence bargaining process.

scholarly journals Guilty Plea Agreement in Proceedings Before the International Criminal Tribunal for Former Yugoslavia / Sporazum o priznanju krivice u postupku pred međunarodnim krivičnim tribunalom za bivšu jugoslaviju

2015 ◽  
Vol 5 (5) ◽  
pp. 242
Author(s):  
Radenko Janković
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Procedure ◽  
Former Yugoslavia ◽  
Criminal Sanction ◽  
Legal Concept ◽  
Guilty Plea ◽  
Special Place ◽  
The Hague

Guilty plea agreement is a new legal concept in the criminal procedure legislation of Bosnia and Herzegovina that was accepted under foreign influences. While frequently applied, a number of contentious issues still remain. To resolve them it is necessary to study the agreement in other legislations. A special place here belongs to the procedure and practice of The Hague Tribunal and the Office of the Prosecution that influenced its standardization in Bosnia and Herzegovina. As a result, certain solutions are specific and do not exist in legislations of other countries of the former Yugoslavia such as, for instance, a separate hearing for the imposition of criminal sanction following the agreement’s acceptance. At the time of its introduction in the Bosnia and Herzegovina legislation, the Statute and the Rules of the Hague Tribunal were well-known, just like the practice created in proceedings before it and the Hague Office of the Prosecution. The majority of indictees before the Hague Tribunal were citizens of Bosnia and Herzegovina, with many lawyers from Bosnia and Herzegovina acting as defence counsels. An examination of this issue contributes to a better understating of this principle, enables more proper application, but should, also, lead to better legal solutions.

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