Consent without the Tribunal`s consent has no legal effect. The Tribunal must ensure that the fundamental agreement is reached on the basis of the defendant`s free will, that the defendant fully recognizes the nature of the fundamental agreement and its consequences. (Article 212 of Georgia`s Code of Criminal Procedure) What do you mean? JM 9-27.430 outlines considerations to be considered in the choice of charges or charges that a defendant should avail himself of as soon as a decision has been made to decide the case on the basis of a fundamental contract. The considerations are essentially the same as those governing the selection of the charges to be included in the original indictment or the original information. See JM 9-27.300. During the federal criminal phase, the prosecutor should support the criminal court: the trial is followed after an accused has signed a plea, made an admission of guilt or is found guilty following a trial. What do you mean? JM 9-27.640 outlines specific cases requiring the approval of non-prosecution agreements by the competent Assistant Attorney General. The first paragraph applies to cases where the current statutory provisions and department directives require that, for certain types of offences, the Attorney General, the Assistant Attorney General or an Assistant Attorney General be consulted or agreed before the charges are dismissed or the charges dismissed. See z.B.
JM 6-4.245 (tax offences); JM 9-41.010 (insolvency fraud); JM 9-90.020 (national security offences); (see JM 9-2.400 for a full list of all prior authorization and consultation requirements). A non-prosecution agreement is tantamount to a variation of the prosecution or the dismissal of a charge, because the end result is in any case similar: a person who has committed criminal activities is not prosecuted or is not prosecuted in its entirety for his offence. Accordingly, government lawyers should obtain the approval of the Assistant Attorney General before agreeing not to be prosecuted in any way in the event that a consultation or authorization is necessary for a variation of the prosecution or the dismissal of a charge. The second paragraph contains other situations in which the government lawyer should obtain the approval of an Assistant Attorney General, a proposed agreement that should not be pursued in exchange for cooperation. In general, the situations described are exceptional or highly sensitive cases or cases involving individuals or large-scale public interest cases. In a case that falls within this provision and appears to be particularly sensitive, the Assistant Attorney General should in turn consider whether to notify the Attorney General or the Assistant Attorney General.