单词 | Charge bargain |
释义 | 控罪議價 An informal agreement between the prosecution and defence, that the accused will plead guilty to a less serious offence than that which was originally charged on the basis that the prosecution will not proceed on the more serious charge: R v Scales [1987] HKLR 583. The court cannot interfere in such an arrangement: R v Coward [1979] 70 Cr App Rep 70. However, where the agreement results in an abuse of the court’s process, the court may stay the proceedings. See also Abuse of process; Charge; Plea bargaining. 控方與辯方之間的非正式協議,辯方承認較原來控罪為輕的罪名,而控方不會繼續檢控辯方較重罪名:R v Scales [1987] HKLR 583。法庭不能干涉該等安排:R v Coward [1979] 70 Cr App Rep 70。但若導致濫用法庭程序,則法庭可維持原來的程序。另見 Abuse of process; Charge; Plea bargaining。 |
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