Journal Article

Admission of Guilt before the ICC and in Continental Systems

Henri-D. Bosly

in Journal of International Criminal Justice

Volume 2, issue 4, pages 1040-1049
Published in print December 2004 | ISSN: 1478-1387
Published online December 2004 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/2.4.1040
Admission of Guilt before the ICC and in Continental Systems

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After noting that the Statute of the International Criminal Court is clearly of common law inspiration on this matter, the author shows that the purpose and utility of a simplified procedure of guilty plea is less tangible in continental law, although there are examples (in Spain, Italy and France) of non-common law systems which have nevertheless adopted forms of guilty pleas. He then argues that guilty pleas should only be allowed (i) for lesser offences, and provided that (ii) the rights of the accused are effectively preserved, (iii) the victim is entitled to participate in the proceedings and (iv) the judge is empowered to effectively review the plea.

Journal Article.  0 words. 

Subjects: Criminal Law ; International Law

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