Part One
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

4. HEARING OF THE ACCUSED PERSON

Confession of the Accused Person and Further Collection of Evidence

Article 105
(1) In the case of confession of the accused person, the authority conducting the procedure shall continue collecting evidence on the criminal offence only if the confession is obviously false, incomplete, contradictory or unclear.

Part Two
COURSE OF THE PROCEEDINGS

B. PRE-MAIN HEARING PROCEEDINGS

Chapter XX
AGREEMENT ON THE ADMISSION OF GUILT

Plea Bargaining

Article 300
(1) In the case of criminal proceedings for a criminal offence or concurrence of criminal offences for which a prison sentence of up to 10 years is envisaged, the State Prosecutor or the accused person and his/her defense attorney may propose that an agreement on the admission of guilt be concluded.

(2) When the proposal referred to in paragraph 1 of this Article has been made, the parties and the defense attorney may negotiate the conditions of admitting guilt for the criminal offence or criminal offences with which the accused person is charged.

(3) The agreement on the admission of guilt shall be made in writing and must be signed by the parties and the defense attorney, and can be submitted not later than the first hearing for the main hearing before the first instance court.

(4) If an indictment has not been brought yet, the agreement on the admission of guilt shall be submitted to the Chair of the Panel referred to in Article 24 paragraph 7 of the present Code and after
the indictment has been brought, it shall be submitted to the Chair of the Panel.

Subject-matter of the Agreement on the Admission of Guilt

Article 301
(1) By way of an agreement on the admission of guilt, the accused person fully confesses to the criminal offence or concurrence of criminal offences s/he is charged with, whereas the accused person
and the State Prosecutor agree on the following :

1) on the penalty and other criminal sanctions which will be imposed on the accused person in accordance with the provisions of the Criminal Code ;
2) on the costs of the criminal proceedings and claims under property law ;
3) on denouncing the right of appeal by the parties and defense attorney against the decision of the court made on the basis of the agreement on the admission of guilt when the court has fully
accepted the agreement.

(2) Agreement on the admission of guilt shall also contain an obligation of the accused person to return the property gain acquired by the commission of the criminal offense as well as objects that have to be forfeited under the Criminal Code within a certain time limit.

(3) The accused person may undertake by means of the agreement on the admission of guilt to perform the obligations referred to in Article 272 paragraph 1 of the present Code, provided that the
nature of the obligations is such that it allows the accused person to perform or start performing them before the submission of an agreement on the admission of guilt.

Deliberation on the Agreement on the Admission of Guilt

Article 302
(1) The court shall decide by a ruling whether an agreement on the admission of guilt should be rejected, dismissed or accepted.

(2) If an agreement on the admission of guilt has been submitted before an indictment has been brought, the Chair of the Panel referred to in Article 24 paragraph 6 of the present Code shall decide on it. In such a case, a special clause of the agreement shall contain all the information listed in Article 292 of the present Code.

(3) If an agreement has been submitted after the indictment has been brought, the Chair of the first instance panel shall decide on it.

(4) The Chair of the Panel shall reject an agreement on the admission of guilt submitted after the expiry of the term specified in Article 300 paragraph 3 of the present Code. The decision on rejection shall not be appealable.

(5) The court shall decide on the agreement on the admission of guilt without delay at a hearing attended by the State Prosecutor, accused person and his/her defense attorney, while the injured party
and his/her proxy shall be informed of the hearing.

(6) Provisions of Art. 313 to 316 of the present Code shall apply on the holding of a hearing referred to in paragraph 5 of this Article.

(7) The court shall dismiss an agreement on the admission of guilt by way of ruling if the duly summoned accused person does not appear at the hearing. The ruling dismissing the agreement on the
admission of guilt cannot be appealed. (8) The court shall accept an agreement on the admission of guilt and render a decision which is in line with the contents of the agreement, if it establishes the
following :

1) that the accused person confessed to the criminal offence or offences s/he is charged with voluntarily and consciously, that the confession is in line with the evidence contained in the
case files and that there is no possibility that the confession was made as a consequence of an error ;
2) that the agreement was concluded in accordance with Article 300 paragraph 1 item 1 of the present Code ;
3) that the accused person understands the consequences of the agreement, and particularly that s/he waives the right to a trial and that s/he may not file an appeal against the decision of the court rendered on the basis of the agreement ;
4) that the agreement does not violate the rights of the injured party ;
5) that the agreement is in line with the interests of fairness and the sanction serves the purpose for which criminal sanctions are imposed.

(9) If one or more conditions referred to in paragraph 8 of this Article have not been met, the court shall dismiss the agreement on the admission of guilt by a ruling, and the admission of guilt contained in the agreement cannot be used as evidence in criminal proceedings. The agreement and all supporting files shall be destroyed by the Chair of the Panel, of which records shall be made.

(10) The court shall enter into the record the decision accepting, rejecting or dismissing the agreement on the admission of guilt. The decision accepting the agreement on the admission of guilt may be
appealed by the injured party, whereas the decision dismissing the agreement may be appealed by the State Prosecutor and by the accused person.

(11) The Panel referred to in Article 24 paragraph 7 of the present Code shall decide on the appeal referred to in paragraph 10 of the present Article, not including the judge who rendered the decision
referred to in paragraph 10 of this Article.

Judgment Rendered on Basis of the Agreement on the Admission of Guilt

Article 303
(1) When a ruling on accepting an agreement on the admission of guilt becomes final, the Chair of the Panel shall, without delay, and not later than within three days, render a decision to the effect that
the defendant is found guilty in accordance with the accepted agreement.

(2) The decision referred to in paragraph 1 of this Article shall be appealable insofar as it is not in accordance with the concluded agreement.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

6. COMMENCEMENT OF THE MAIN HEARING AND EXAMINATION OF THE DEFENDANT

Clarification of the indictment and Statement of Guilt

Article 339
(1) After the indictment or the private complaint is read or its contents are orally presented, the Chair of the Panel shall ask the defendant if s/he understands the charge. If the Chair of the Panel is convinced that the defendant has not understood the charge, s/he shall present its contents to him/her once again in a manner that is the easiest for the defendant to understand.

(2) Thereafter, the Chair of the Panel shall call on the defendant to, if s/he wish, enter his/her plea on each account of the charge, to state whether s/he admits that s/he has committed the crime s/he is being charged with and whether s/he pleads guilty, and if s/he pleads guilty to present all facts and if s/he pleads not guilty to present his/her defense.

(3) The defendant is not bound to enter his/her plea or to present his/her defense.

(4) Co-defendants who have not been examined cannot be present during the examination of the defendant.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

6. COMMENCEMENT OF THE MAIN HEARING AND EXAMINATION OF THE DEFENDANT

Confession

Article 340
(1) If the defendant has pleaded guilty to all counts of the indictment, the Panel may, upon having heard the defendant and after the prosecutor and the defense attorney make a statement thereon, decide not the examine the evidence relating to the criminal offence covered by the indictment and to the guilt of the defendant, but solely the evidence that can affect the decision on a criminal sanction, if it finds :

1) that the confession is clear and complete and that the defendant has explained all the crucial facts which relate to the offence and his/her guilt ;
(2) that the confession was made voluntarily, consciously and that the defendant has understood all possible consequences, including the satisfaction of the claims under property law and reimbursement of the expenses of the criminal proceedings ;
(3) that the confession is in line with the evidence contained in the indictment and that there is no evidence indicating that the admission of guilt is false.