Criminal Code (Cap. 9), article 392B

392B. (1) In the case where the accused, in answer to the question in article 392(1)( b) and in any stage of the proceedings, states, that he is guilty of the offence charged and the said o ffence is liable to a punishment exceed ing twelve years imprisonment, the court shall warn him in the most solemn manner about the legal consequences of that reply, and shall allow him a period of tim e for him to reply. Without prejudice to the provisions of sub-articl e (3) of article 392A and notwithstanding any other provision of this Code or any other law, if the accused persists in his statement that he is guilty of the offence charged, the court shall, after rec ording the admission of guilt: (a) order that the Attorney General, within three (3) working days, be granted access by e lectronic means to a scanned copy of the record of inquiry, together with the objects relating to the case; and (b) notify the Registrar of the Criminal Court that an admission of guilt has been made. (2) The Attorney General shall be allowed the term of one (1) month to present a note in the Criminal Court by which note he shall declare that the charge presented before the Court of Magistrates as a court of inquiry and to which the accused pers on has admitted guilt, shall be considered as a bill of indictment ; such declaration shall not in any way give rise to any nullity or ot her defect in the proceedings notwith standing the other provisions of this Code and of any other law. (3) Where the Criminal Court is notified by the Court of Magistrates as a court of inquiry, about the admission of guilt in accordance with paragraph ( b) of sub-article (1), the Criminal Court shall, within two months from the date of notification, appoint the date of hearing. (4) The Criminal Court shall, either ex officio , upon a request by the Attorney General or by the accused, examine that evidenc e that it deems relevant for the purposes of punishment, and afte r CRIMINAL CODE [CAP. 9. 261 examining the submissions by the Attorney General and the accused relating to the punishment, proceed to pass on the accu sed such sentence as would according to law be passed on an accused convicted of the offence. (5) ( a) The accused and the Attorn ey General may request the Criminal Court to apply a sanction or measure or, where provided for by law, a combination of sanctions or measures, of the kind and quantity agreed between them, and to which the a ccused can be sentenced. (b) If the court is satisfied that the sanction or the measure, or the combinati on of sanctions and measures requested, as provided for in paragraph ( a), is one which it would been lawful for it to impose upon conviction of the offence for which the accused has pleaded guilty, the court shall proceed to pass the sentence indicated to it by th e parties declaring in its judgement that the sentence being awarded is being so awarded at the reque st of the parties. (c) The provisions of sub-articles (3), (4) and (5) of article 453A shall, mutatis mutandis , apply to this sub-article. (6) Notwithstanding any other provisions of this Code or any other law, an admission made and recorded according to the provisions of sub-article (1) ma y not be revoked or withdrawn. (7) When the Criminal Court deems that a formality was not observed according to this articl e or there is any other defect in the proceedings, the Criminal Court shall send all proceedings back to the Court of Magistrates as a court of inquiry to commence the inquiry anew. Payment of costs upon admission of guilt. Added by: XXIV .2014.52.