The prosecutor`s superior duty is… to see that justice is done. Procedures must dominate public and judicial confidence. Many defendants in serious and complex fraud cases are represented by lawyers involved in commercial disputes, including negotiations. This means that the defendant is generally protected from undue pressure to argue. The greatest danger to be protected in these cases is to persuade the prosecutor to accept a plea or a basis that is not in the public interest and in the interest of justice, because it does not adequately reflect the seriousness of the insult… Any appeal agreement must reflect the seriousness and extent of the offence and give the Tribunal appropriate powers of conviction. It must take into account the impact of an agreement on victims, as well as on the general public, while respecting the rights of the accused. [11] Cassese J.A., in his separate and dissenting opinion on Erdemovic`s appeal judgment, spoke at length about some of the advantages of a guilty verdict with respect to the resources of the International Criminal Court: we therefore have no doubt that misunderstandings regarding the true distinction between the two alternative counts led the complainant to plead guilty to the most serious of the two counts. i.e.
the charge of a crime against humanity. 19. […] In fact, it is inalsife that the Trial Chamber failed to adequately explain the difference between a crime against humanity and a war crime committed by the complainant at the first hearing and that there was no attempt to explain the difference to her at a later stage when the complainant confirmed her plea. […] These cases suggest that victim impact statements may influence the court`s decision to accept or dismiss an appeal. Similarly, consultation with the victim during the oral argument process allows prosecutors to consider the concerns of the victims before submitting a plea proposal to the court. In addition, this registration may increase the likelihood that the appeal agreement will seek the approval of the judge. As a general rule, the state cannot resign from a plea once the accused has pleaded guilty. See Collins State, 300 N.C 142, 148 (1980); Isom State, 119 N.C. Approximately 225 (1995) (the defendant`s “consideration” for the plea is the fact that he is guilty of the charges).
