According to toronto murder lawyer, the agreement on the recognition of a criminal offense is a written consent of the will of the public prosecutor, on the one hand, and the defendant and his defense attorney, on the other, by which the defendant fully and consciously acknowledges one or more criminal offenses charged with criminal charges, an order for conducting an investigation, or an indictment, and the public prosecutor agrees on the type and amount of the sentence or other criminal sanctions, the dismissal of the public prosecutor from criminal prosecution for crimes that are not covered by the plea agreement, the costs of the criminal proceedings and the property claim, as well as the renunciation parties and counsel for the right to appeal against a court decision made on the basis of a plea agreement when the court fully accepted the agreement.
The recognition agreement can be concluded until the indictment is confirmed – before the preliminary procedure judge and after the indictment is withdrawn – before the president of the panel.
Procedure for the conclusion of a plea agreement
The procedure for concluding the agreement on the recognition of a criminal offense consists of the following stages:
Proposing (The authorized entities for proposing the agreement are the public prosecutor, the defendant and his defense counsel, and they sign the agreement. The proposal is submitted in writing and it contains the conditions and reasons for concluding the agreement.)
Negotiation (After the other party accepts the proposal of the other party, negotiations begin, which are obligatory for the case to the defendant’s confession, which relates to the criminal offenses charged with criminal charges, an order for conducting an investigation or an indictment, and which must be given voluntarily without coercion or pressure, and which cannot be partially, conditioned or incomplete, but argued and in line with the factual description of the event from which the essential features of the being of the crime arise, then the criminal sanction, the costs of the criminal proceedings and the waiver of the right to appeal the judgment to the court In addition to these elements, negotiation may also refer to the dismissal of the public prosecutor for one or more criminal offenses charged by the defendant, the consent of the defendant to fulfill the obligations ( for example to compensate the injured party to pay certain money the amount for humanitarian purposes, etc.), as well as the determination of the obligation of the aggrieved person to restore the material gain gained through the commission of the criminal offense, or to return the object of the criminal offense.
Conclusion (After the parties agree on all the essential elements of the agreement, a plea agreement is signed, signed by the public prosecutor, the defendant and his counsel. If the defendant is not charged, the agreement will be attached to the pre-trial judge and the indictment).
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