What Is Pursuant To A Plea Agreement

(a) After the registration of a guilty confession and before sentencing, the court should allow the defendant to withdraw his plea for a just and equitable reason. In determining whether there is a fair and equitable reason, the court should also consider any disadvantage to prosecution caused by the defendant`s plea. (h) In the context of oral hearings, the prosecutor should not bring or threaten to lay charges against the defendant or any other person or refuse to dismiss such charges if there is no admissible evidence to support the charge or if the prosecutor does not intend in good faith to pursue such charges. The plea agreement is concluded between the parties – the prosecutor and the accused. Despite the fact that the victim is not a party to the criminal proceedings and that the prosecutor is not a tool in the hands of the victim to take revenge on the perpetrator, the victim`s attitude towards the plea agreement remains important. To our knowledge, the defendant`s decision to enter into this agreement is an informed and voluntary decision. (a) The prosecutor may reach an agreement with the defendant`s defence counsel in order to reach an agreement on the plea. If the defendant has duly waived a lawyer, the prosecutor may meet with the defendant. As far as possible, a record should be established and maintained for all such discussions with the defendant. In 2009, in a case concerning whether testimony from a plea in the United States was admissible in a Danish criminal case (297/2008 H), the Supreme Court of Denmark (Danish: Højesteret) ruled unanimously that prima facie pleadings are not legal under Danish law,[44] but that witnesses can testify independently in each case (provided that: that the lower court consider the possibility that the testimony may take into account the possibility that it is not lawful under Danish law[44].

was false or at least influenced by the benefits of advocacy). [44] However, the Supreme Court pointed out that Danish law contains mechanisms similar to plea bargains, such as § 82, no. 10 of the Danish Criminal Code (Danish: Straffeloven), which stipulates that a penalty may be reduced if the perpetrator of a criminal offence provides information to investigate an offence committed by others,[45][44] or section 23a of the Danish Competition Act (Danish: Konkurrenceloven), which states that a person may apply not to be fined or prosecuted for participating in a cartel, when it provides information on the cartel to the authorities of the time. [46] [44] (e) If the court accepts an opposition agreement, it is bound by its provisions […].