The lack of mandatory prosecutions also gives prosecutors greater latitude, as well as the inability of victims of crime to initiate private prosecutions and their limited ability to influence oral arguments. [25] Accused persons in custody – who are not entitled to bail, who cannot afford bail or who are unable to be released on their own – may be released from prison immediately after the judge accepts a plea. [26] In 2007, the Sakharam Bandekar case became the first case of its kind in India, in which the accused Sakharam Bandekar sought a lesser sentence in exchange for his confession (with plea). However, the court rejected his plea and accepted the CBI`s argument that the accused faces serious corruption charges. [36] Finally, the court sentenced Bandekar to three years in prison. [37] The Government will provide the head of the U.S. Division`s Asset Recovery and Money Laundering Department (AFMLS) with a copy of the restitution decision, with a written request for the transfer of property in the same marital and/or related civil status, Criminal or administrative proceedings, including civil claims under paragraph 8, are used to compensate the victim, The Home Depot, Inc., and the losses covered in the restitution order, provided the government finds that the conditions of reinstatement under afMLS directive 02-1 relating to Recovery Directive 02-1, point III.A., are met. A guilty plea by the accused is not sufficient to render a guilty verdict. (Article 212 of Georgia`s Code of Criminal Procedure) As a result, the court is required to debate two issues: even if the charges are more serious, prosecutors can still often bluff defence lawyers and their clients for a lesser offence.
As a result, people who could have been acquitted for lack of evidence, but also who are in fact truly innocent, will often plead guilty. What for? In a word, fear. And the more accusations, the more studies, the greater the fear. This explains why prosecutors sometimes appear to charge the accused. [9] Another argument against negotiations with the grounds is that they may not actually reduce the cost of managing justice. For example, if a prosecutor has only a 25% chance of winning his case and sending an accused to prison for 10 years, he can enter into a plea agreement for a one-year sentence. But if oral arguments are not available, a prosecutor may drop the case. [18] Agency problems may arise during oral arguments because, although the prosecutor represents the people and the defence counsel represents the accused, the objectives of these officers do not correspond to those of their sponsors.