Casenotes Legal Briefs: Contracts Keyed to Blum & Bushaw,

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Casenotes Legal Briefs: Contracts Keyed to Blum & Bushaw,

Category : Criminal Procedure

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 12.81 MB

Downloadable formats: PDF

Wade doesnt apply to handwriting samples, photo displays If the lineup happens before charges are brought, Wade does not apply. He/she shall be warned about the fact that he/she shall be held criminally liable should he/she fail to answer these questions or provide false answers. 4 – The Examining Judge shall then inform the defendant of the following: a) The rights referred to in article 61(1), explaining such rights to him/her if necessary; b) Should he/she choose not to remain silent, the statements made by him/her might be used in the court of law, even if he/she is tried in absentia or makes no statements during the trial hearing, and shall be subject to a free assessment of the evidence; c) Of the reasons behind his/her arrest; d) Of the acts of which he/she stands accused, including, if known, the circumstances of time, place and method; and e) Of the elements contained in the case file and that evidence the charges brought, whenever the communication of such elements does not jeopardize the investigation, does not hamper the discovery of the truth and does not endanger the life, the physical or psychological integrity or the freedom of the parties to the case or of the victims of the crime; and all the information, except the one foreseen in sub-paragraph a) above, shall be included in the records made for questioning purposes. 5 – When making statements, the defendant may confess or deny the facts and his/her participation in them and point out the causes that may exclude the unlawfulness or guilt, as well as any circumstances that may be relevant for determining his/her responsibility or for setting the specific extent of the sentence. 6 – During the examination, the Public Prosecutor and the defense counsel shall, without prejudice to the right of invoking nullities, refrain from any interference.

Pages: 204

Publisher: Aspen Publishers; 3 edition (November 6, 2012)

ISBN: 1454822597

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