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- Title
Admission of Guilt before the ICC and in Continental Systems.
- Authors
Bosly, Henri-D.
- Abstract
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.
- Subjects
INTERNATIONAL Criminal Court; GUILTY pleas; COMMON law; CRIMINAL law; CRIMINAL justice system; PLEAS (Criminal procedure); NO contest pleas; CRIMINAL procedure; COURT rules
- Publication
Journal of International Criminal Justice, 2004, Vol 2, Issue 4, p1040
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/2.4.1040